Section 22 Confiscation Applications – What should I do?

It has become increasingly common for police and Crown prosecutors to look to re-open old satisfied confiscation orders in the hope of getting additional revenue. Resources are scarce and this procedure presents an opportunity to obtain some much needed income. Quite often the subject of such applications is the equity in a matrimonial home in which a former defendant, long moved on from criminal offending, has obtained perfectly legitimately. In such circumstances the Court is faced with a balancing exercise between  policy – to recover the proceeds of crime – and principle – that a person should be able to rehabilitate without the fear of looking over his or her shoulder for the rest of their lives.

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Confiscation Orders and Default Terms

The question of the jurisdiction of the Court of Appeal over the length of default terms attached to confiscation orders was the subject in issue in Graham Alan Mills [2018] EWCA 944. Maximum default terms are fixed by a table (relatively recently amended in the Serious Crime Act 2015) based on the value of the Order as follows:

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Can suicide turn GBH into a murder?

Berlinah Wallace has been cleared of murdering her former partner in a sulphuric acid attack which caused injuries which led him to end his own life. A jury at Bristol Crown Court was asked to decide whether Ms Wallace was guilty of murder where Mr Van Dongen had chosen to end his own life by euthanasia because of his catastrophic but not fatal injuries.

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Solicitor struck off for unintentionally aiding criminal activity

Neil Bolton has been struck off the roll of solicitors in disciplinary proceedings that followed his conviction and nine months’ imprisonment for seven counts of failing to comply with Money Laundering Regulations and one count of failing to disclose information in the Regulated Sector.

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Suspect Anonymity: is it actually feasible?

Former popstar and baby-boomer heart-throb Cliff Richard is suing the BBC for breach of privacy regarding its report that he had been accused of a sexual offence, and also its coverage in 2014 of the subsequent police raid on his home. The BBC coverage included use of a helicopter, and broadcasting the police search through the glass walls of Mr Richard’s property. He was later exonerated from the police investigation.

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