Category Archives: 10 most popular this month

The ten most popular this month

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?

Money Laundering Regulations 2017

Comments upon some changes made by the Money Laundering Regulations 2017

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.

Criminal Finances Bill proposed

A new Criminal Finances Bill was proposed in the Queen’s Speech at the opening of the new parliamentary year on 18 May 2016. The new Bill is intended to assist in tackling corruption, money laundering and tax evasion.

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 – the basics

This post aims to be an introduction to the basics of confiscation under the Proceeds of Crime Act 2002 in England and Wales. It includes links to more detailed articles dealing with particular elements of confiscation law.

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 and “abuse of process”

There is no doubt that confiscation in ‘criminal lifestyle’ cases can be harsh. It is often referred to as Draconian. But in what circumstances does confiscation become an abuse of process? There are two strands of appeals in which abuse of process arguments have been successful. This article discusses them.