Category Archives: 10 most popular this month

The ten most popular this month

Challenging a s22 PoCA 2002 confiscation reconsideration

This blog post considers the provisions of s22 regarding reconsideration of the defendant’s available amount and ways in which prosecution applications under s22 may be challenged by the defendant.

Bank account frozen

If someone finds his bank account has been frozen by the bank without warning or explanation, what should he do and what can he expect to happen?

Dishonesty in English criminal law

What is meant by “dishonesty” in English criminal law? When considering the meaning of dishonesty the criminal courts of England and Wales often refer to a case decided last century. Recently in the case of R v Hayes [2015] EWCA Crim 1944 the Court of Appeal was asked to think again about the meaning of dishonesty.

Section 330 Proceeds of Crime Act 2002

Section 330 Proceeds of Crime Act 2002 has been subject to important amendments on a number of occasions, not only has the original text been amended but six entirely new subsections have been added. This is my understanding of the current text of the section as amended.

Serious Crime Act 2015 amendments to confiscation law

The Serious Crime Act 2015 has received the Royal Assent. The new Act amends the Proceeds of Crime Act 2002 in relation to confiscation (and makes numerous other amendments to criminal law). These changes generally came into force from 1 June 2015.

Confiscation – challenging the prosecutor’s s16 statement

How should the defence challenge the prosecutor’s s16 statement assertions concerning the defendant’s benefit and available amount?

Confiscation – default sentence

When making a confiscation order in the Crown Court the judge will specify a ‘default sentence’ to be triggered in the event of non-payment, but how long should it be? This article discusses some relevant issues and case law.

Confiscation – available amount

What is meant by a defendant’s ‘available amount’ in confiscation proceedings? How is the ‘available amount’ established and what will happen if the evidence concerning the ‘available amount’ is incomplete or unsatisfactory? This article throws some light on these issues.

Confiscation – counts left to lie on the file

In confiscation proceedings counts left to lie on the file may have unwelcome implications which had not been foreseen by the defendant and his legal team at an earlier stage. What are these implications?

PoCA 2002 and ‘kinds of unlawful conduct’

In order to demonstrate that property is derived from crime does the Crown have to identify at least the kind or kinds of unlawful conduct from which the property has been obtained? Well, actually I would say ‘yes and no’.