Category Archives: Confiscation

Confiscation

Criminal Finances Bill

The new Criminal Finances Bill is intended to strengthen civil recovery of the proceeds of crime; to create unexplained wealth orders; to create new offences of failing to prevent the facilitation of tax evasion; and to extend existing investigation powers in relation to money laundering and terrorist finances

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?

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.

Piercing the corporate veil in confiscation

This article attempts to trace recent developments in piercing the corporate veil in caselaw in respect of confiscation and to suggest some practical implications of the present-day legal position in England and Wales.

Balance of probabilities in confiscation

In confiscation law ‘the balance of probabilities’ plays a key role. The inherent probability or improbability of an event is itself a matter to be taken into account when weighing the probabilities and deciding whether, on balance, the event occurred.

Confiscation & proportionality

Since the UK Supreme Court decision in R v Waya the issue of proportionality in confiscation has been exercising legal minds in England & Wales. But what does ‘disproportionate’ mean in practice?

Confiscation & compensation – double trouble?

Should the Crown Court make both a compensation order (in favour of the victim of the crime) & a confiscation order (effectively in favour of the Crown) in respect of the same benefit obtained by a convicted defendant?

S10A PoCA 2002 determinations – appeals & reconsideration

Once the Crown Court has made a ‘determination’ for the purposes of confiscation of the extent of a convicted defendant’s interest in an asset can that ‘determination’ be altered on an appeal or reconsideration?

Crown Court s10A determinations in confiscation

The Serious Crime Act 2015 has introduced a new power enabling a Crown Court judge when making a confiscation order to make a “determination” of the extent of the defendant’s interest in any property which is likely to be used to satisfy the order. That determination will then, subject to limited exceptions, be conclusive in further proceedings taken with a view to satisfying the order.