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.

Defence opening statements to be introduced

Defence opening statements are to be introduced in the Magistrates’ Court and Crown Court in England and Wales from 4 April 2016. One of the aims of this change is to better identify for Magistrates and jurors, at an early stage, those matters which are in dispute between prosecution and defence.

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?

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.

Expert evidence – updated Part 19 Criminal Procedure Rules 2015

Part 19 of the Criminal Procedure Rules dealing with expert evidence in Crown Courts and Magistrates’ Courts in England & Wales has been updated with effect from 5 October 2015. For convenience the new materials are brought together in a single document here.

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.

Confiscation default sentences under the new law

The law relating to the default sentence which may be triggered by a failure to satisfy a confiscation order made under Part 2 Proceeds of Crime Act 2002 has been amended from 1 June 2015 by s10 Serious Crime Act 2015. So what has changed & what has not?

UK Supreme Court rules on money laundering arrangements

The UK Supreme Court recently ruled on the law relating to prosecutions for entering into, or becoming concerned in, an arrangement which facilitates the acquisition, retention, use or control of criminal property for, or on behalf of, another person – contrary to s328 Proceeds of Crime Act 2002.