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Brett Wilson Criminal and Regulatory Law blog

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Unlawful seizure of cash is no bar to forfeiture

In the secretary of state for the Home Department v Tuncel and Basbaydar [2012] EWHC 402 Keith J was effectively asked to determine the question of whether an unlawful seizure of cash precludes forfeiture under section 298 POCA 2002. Mr Tuncel and Mr Basbaydar had been trying to board a plane to Istanbul at Heathrow when customs…

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Frozen bank account and no explanation – an overview of suspicious Activity Reports and the high street bank customer from Brett Wilson LLP civil fraud solicitors.

suspicious Activity Reports (sARs) have been with us for over 10 years, but to many outside the Regulated sector they are a somewhat unfamiliar concept. The number of sARs has increased steadily.  The latest available statistics (October 2009-september 2010) show that nearly 250,000 sARs are made each year.  So what exactly is a sAR, what goes on behind…

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Assets acquired after confiscation are a legitimate target for pre-POCA cases

In the matter of Peacock [2012] UKsC 5 the supreme Court was asked to decide whether assets acquired perfectly legitimately after a confiscation order made under the Drug Trafficking Act 1994, can lawfully be assessed against the benefit figure in that Order for the purpose of a re-determination. In January 1997, the Appellant pleaded guilty to conspiring to…

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CPs ordered to pay damages for for failing to protect individual from harassment

In R (Waxman) -v- CPs, QBD (Admin) (2 February 2012), Moore-Bick LJ considered the state’s responsibility to prosecute alleged criminal offences, an individual’s access to the civil courts and the Protection from Harassment Act 1997. The Claimant had met F at college.  F had become obsessed with the Claimant and pursued a course of conduct amounting to harassment. …

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Compulsory Disclosure under Restraint Order raises self-Incrimination Issue

In Randhawa (2012 EWCA 3) the Appellant had been convicted of a conspiracy to cheat the revenue arising out of a carousel (or MTIC) fraud. His co-defendant singh had produced documents in the course of proceedings relating to a Restraint Order made against him. He had been compelled to produce those documents by the Order which by…

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Juror found in contempt for sharing findings of internet research

In Attorney-General -v- Theodora Dallas (2012) the Divisional Court heard that a jury member (Dallas) had conducted independent internet research in relation to a criminal trial she was sitting on. she had then discussed her findings with her fellow jury members. At the start of the case the jury had been shown a video about their responsibilities and told not to conduct…

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Variation of Crown Court Restraint Order to fund liquidation

On 16 January 2012 Mrs Justice Gloster DBE gave approved judgment setting out her reasons for granting a variation to a Restraint Order allowing the release of 20 million Us dollars to the liquidators of stanford International Bank Ltd (sIB v serious Fraud Office LTL 18/1/12)on 4 August 2011. The liquidator of sIB had sought…

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section 8(8) POCA precludes double counting of assessment for benefit under 'lifestyle' provisions

In Barnett [2011 EWCA 2936] the Court of Appeal was required to interpret section 8(8) of the Proceeds of Crime Act 2002. In 2005, Barnett had been convicted of living on prostitution. Under the terms of an agreement between the Crown and the defence, the Judge made a confiscation order in the sum of £21,017.34. That Order…

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Transferred malice key to liability for murder

In Gnango [2011 UKsC 59] the supreme Court was asked to consider the criminal liability of the Respondent for the tragic death of a Polish care worker called Magda Pniewska. Miss Pniewska was aged 26 when she was shot dead when walking home from work in October 2007. Miss Pniewska had been shot by a male (BM)…

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Rail regulator prosecutes Network Rail for Elsenham double fatality

The Office of Rail Regulation (ORR) has started criminal proceedings against Network Rail for breaches of health and safety law which led to the deaths of two teenage girls at Elsenham station footpath crossing in December 2005. The prosecution follows the conclusion of ORR’s reopened investigation into the deaths of Olivia Bazlinton and Charlotte Thompson,…

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

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