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Confiscation


24.10.19

Restraint Orders: when is delay reasonable?

The recent decision in R v S [2019] EWCA 1728 requires some close examination in the context of the jurisprudence surrounding Restraint Orders under Proceeds of Crime Act 2002. A Restraint Order is a creature of the Act made at the discretion of a Crown Court judge and operates to freeze assets of a suspect…

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10.10.19

Brett Wilson LLP and its lawyers recommended in Chambers and Partners 2020 directory

Brett Wilson LLP’s Defamation/Reputation Management and Criminal Defence teams have again been recommended by the prestigious Chambers and Partners directory. Partners Iain Wilson (noted for ‘finding solutions to problems that appear impenetrable’) and Max Campbell (described as ‘well regarded in the market for his notable expertise’) have been ranked as leading lawyers in Defamation/Reputation Management. …

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27.09.19

Brett Wilson LLP’s departments and lawyers ranked as leaders in their fields in the Legal 500

Brett Wilson LLP has been ranked in three categories in the prestigious Legal 500 directory of leading law firms:- Reputation Management Professional Discipline Crime (General) In addition, media law partners Iain Wilson (described as an ‘innovator’) and Max Campbell (‘thoughtful, high-quality lawyer’) and solicitors Tom Double and Elisabeth Mason have been individually recognised by the directory….

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10.09.19

Search and Seizure Powers under Proceeds of Crime Act 2002

Powers of search and seizure were inserted into the Proceeds of Crime Act 2002 by the Policing and Crime Act 2009 although they did not come into force until relatively recently. These provisions (sections 47A to 47S) provide for the search, seizure and detention of property where certain conditions are fulfilled. The provisions were recently…

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6.10.18

Unexplained Wealth Orders: Banker’s wife loses court challenge

Further to our blog in July 2018 on the inception of Unexplained Wealth Orders (‘UWOs’), the recipient of the first UWO has lost her application for the order to be set aside. In National Crime Agency v Mrs A (Rev 1) [2018] EWHC 2534 (Admin), Mr Justice Supperstone considered whether his without notice order made…

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12.07.18

Unexplained Wealth Orders: A new power for law enforcement agencies

The Criminal Finances Act 2017, which came into force early this year, gives enforcement authorities such as the National Crime Agency (‘NCA’), Revenue and Customs (‘HMRC’), the Financial Conduct Authority (‘FCA’) and the Serious Fraud Office (‘SFO’) new powers which are designed to help law enforcement act on suspected corrupt assets. Section 1 of the Criminal…

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18.06.18

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…

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14.06.18

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…

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21.03.18

Dredging up the past: prosecutors seeking to vary confiscation orders years later

A confiscation order can be made after a defendant is convicted of certain criminal offences.  It requires the defendant to pay back the ‘benefit’ that they have obtained from their criminal behaviour.  Such an order is effectively capped at the level of a defendant’s available assets. Under Section 22 of the Proceeds of Crime Act 2002 (‘POCA’)…

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5.12.17

No fairness in cash forfeiture proceedings

In R (on the application of Desmond Campbell) v Bromley Magistrates’ Court [2017] EWCA 1161 the Court of Appeal were asked to adjudicate upon the jurisdiction of a Magistrates’ Court to entertain questions of lawfulness of conduct in the context of cash forfeiture proceedings. The Respondent to the application wanted to raise questions about the searches…

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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