Month: June 2015

26.06.15

Production order: period for compliance

The scope and lawfulness of a Production Order was the subject of a judicial review in the Divisional Court in R (on the application of Chatwani and others) v National Crime Agency [2015] EWHC 1284. The Claimants were subjects in a wide ranging money laundering investigation. They were directors of a group of over 40…

Cash forfeiture: legal expenses

In R (on the application of the Commissioner of Police for The Metropolis) v City of London Magistrates Court [2015] the Divisional Court confirmed that there was no power to release lawfully detained cash for the purpose of legal expenses. In this case, cash in excess of £300,000 had been detained under the POCA cash…

25.06.15

Benefit obtained from seized drugs

In Regina v Freshkumar Kakkad [2015] EWCA 385 the Court of Appeal sought to draw a line in the sand on the question of applying the Waya proportionality principle to the benefit obtained by the acquisition (and loss) of controlled drugs. This was an appeal against a confiscation order in the sum of £324,184 following…

24.06.15

Trading Standards confiscation order quashed

The case of Regina v Eric John Moss [2015] EWCA 713 concerned a trading standards prosecution which gave rise to a confiscation order in the sum of £83,000. The Court of Appeal gave judgment in an appeal against the making of that Order and it was ultimately successful. The Appellant was an elderly cattle farmer…

19.06.15

Confiscation relates to trial on indictment

In Crown Prosecution Service v Croydon Crown Court [2015] the Divisional Court ruled it had no jurisdiction to hear an application for judicial review of the decision of a Crown Court judge to refuse to extend time to hear confiscation proceedings. The Crown Court’s administration of confiscation proceedings clearly related to trial on indictment and…

17.06.15

Legal professional privilege: extent of waiver

The scope of the waiver of legal professional privilege in criminal proceedings was the subject matter in an appeal in Regina v Emma Jayne Hall [2015] EWCA 581. Hall had been convicted of murder together with others. All pleaded not guilty and sought to blame co-defendants to some extent. A co-defendant was cross-examined and subsequently…

Money laundering: ambit of arrangement

In R v GH [2015] UKSC 24, somewhat unusually, the Supreme Court was considering an appeal by the Crown against the dismissal of its appeal by the Court of Appeal against a ruling that there was no case to answer against the Respondent at the conclusion of the prosecution case in a trial at the…

16.06.15

Procedural guidance in serious fraud cases

Regina v Quillan and others [2015] EWCA 538 concerned a prosecution appeal against the dismissal of charges alleging conspiracy to defraud and conspiracy to cheat following submissions of no case at ‘half-time’. The judgment of a senior Court of Appeal, presided over by the Lord Chief Justice, is notable for its procedural guidance on complex…

12.06.15

Bad character of rape complainant wrongly excluded

A refusal to admit the bad character of an alleged rape victim was the subject for the Court of Appeal in Mohammed Hussain [2015] EWCA 383. The Appellant had been convicted of rape on a re-trial and sentenced to six years imprisonment. The victim had a number of previous convictions but the trial judge refused…

11.06.15

Regulatory proceedings: a cautionary tale

Professional people facing regulatory or disciplinary proceedings brought by their regulatory bodies ought to take some time to read the judgment in Held v General Dental Council [2015] EWHC 669. It very clearly demonstrates the need to ensure engagement in the process and attendance at any final hearing. Mr Held was a dentist facing allegations…