Serious Organised Crimes in UK Law

Leading Cases
  • R v Rezvi
    • House of Lords
    • 24 January 2002

    It is a notorious fact that professional and habitual criminals frequently take steps to conceal their profits from crime. Effective but fair powers of confiscating the proceeds of crime are therefore essential. The provisions of the 1988 Act are aimed at depriving such offenders of the proceeds of their criminal conduct. Its purposes are to punish convicted offenders, to deter the commission of further offences and to reduce the profits available to fund further criminal enterprises.

  • R v Waya (Terry)
    • Supreme Court
    • 14 November 2012

    The purpose of the legislation is plainly, and has repeatedly been held to be, to impose upon convicted defendants a severe regime for removing from them their proceeds of crime. It does not, however, follow that its deterrent qualities represent the essence (or the "grain") of the legislation. They are, no doubt, an incident of it, but they are not its essence. Its essence, and its frequently declared purpose, is to remove from criminals the pecuniary proceeds of their crime.

  • K Ltd v National Westminster Bank Plc (Revenue and Customs Commissioners and another intervening)
    • Court of Appeal (Civil Division)
    • 19 July 2006

    The truth is that Parliament has struck a precise and workable balance of conflicting interests in the 2002 Act. It is, of course, true that to intervene between a banker and his customer in the performance of the contract of mandate is a serious interference with the free flow of trade. But Parliament has considered that a limited interference is to be tolerated in preference to allowing the undoubted evil of money-laundering to run rife in the commercial community.

  • R (the Director of the Assets Recovery Agency) v Green
    • Queen's Bench Division (Administrative Court)
    • 16 December 2005

    For the purposes of sections 240 and 241(1) and (2) a description of the conduct in relatively general terms should suffice, "importing and supplying controlled drugs", "trafficking women for the purpose of prostitution", "brothel keeping", "money laundering" are all examples of conduct which, if it occurs in the United Kingdom is unlawful under the criminal law.

  • Gilbert Ektor v National Public Prosecutor of Holland
    • Queen's Bench Division (Administrative Court)
    • 07 December 2007

    A balance must be struck between, in this case, the need on the one hand for an adequate description to inform the person, and on the other the object of simplifying extradition procedures. The person sought by the warrant needs to know what offence he is said to have committed and to have an idea of the nature and extent of the allegations against him in relation to that offence. The amount of detail may turn on the nature of the offence.

  • R v Da Silva
    • Court of Appeal (Criminal Division)
    • 11 July 2006

    It seems to us that the essential element in the word "suspect" and its affiliates, in this context, is that the defendant must think that there is a possibility, which is more than fanciful, that the relevant facts exist. But the statute does not require the suspicion to be "clear" or "firmly grounded and targeted on specific facts", or based upon "reasonable grounds".

  • R v Steven William Montila and Others
    • House of Lords
    • 25 November 2004

    A person may have reasonable grounds to suspect that property is one thing (A) when in fact it is something different (B). But that is not so when the question is what a person knows. A person cannot know that something is A when in fact it is B. The proposition that a person knows that something is A is based on the premise that it is true that it is A. The fact that the property is A provides the starting point. Then there is the question whether the person knows that the property is A.

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Legislation
  • Counter-Terrorism and Sentencing Act 2021
    • UK Non-devolved
    • January 01, 2021
    ......S-2 . Meaning of “serious terrorism offence”: England and Wales 2 ... under section 73(2) of the Serious Organised Crime and Police Act 2005 (assistance given or ... Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related ......
  • Police Reform Act 2002
    • UK Non-devolved
    • January 01, 2002
    ......(b) he is a relative of a person whose serious injury is the. alleged result from that conduct ... public or likelihood of committing further crimes, that make it undesirable to delay. . Paragraph ... the common threat from serious and organised crime. . 518. Subsection (1) . inserts new ......
  • The Criminal Procedure Rules 2020
    • UK Non-devolved
    • January 01, 2020
    ...... requiring sending for trial in a case of serious or complex fraud or a case in which a child is to ... (h) section 75 of the Serious Organised Crime and Police Act 2005 189 (identity of a ... serious damage, terrorism offences and war crimes and other international offences. . The time ......
  • Criminal Justice and Police Act 2001
    • UK Non-devolved
    • January 01, 2001
    ......serious risk that he or a person who lives with him will ...include the investigation of crimes or the charging of offenders;. . . (e) any .... 4. The notes which follow are organised to reflect the Parts and Chapters of the Act. ......
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Books & Journal Articles
  • An overview of the anti‐money laundering laws of Hong Kong
    • Nbr. 11-4, October 2008
    • Journal of Money Laundering Control
    • 345-357
    Purpose: The purpose of this paper is to provide an overview of the anti‐money laundering laws of Hong Kong, in particular the Organised and Serious Crimes Ordinance. Design/methodology/approach: ...
    ...... lawsof Hong Kong, in particular the Organised and Serious Crimes ......
  • Interdicting tainted wealth ‐ the perspective from Hong Kong
    • Nbr. 7-3, July 2004
    • Journal of Money Laundering Control
    • 275-280
    Reviews the part played by Hong Kong in the coordination of global efforts against money laundering and terrorist financing; Hong Kong was President of the Financial Action Task Force 2001‐2002. De...
    ...... crime byremoving the incentives to commit crimes are para-mount considerations for the ..., Rosalind Wright, the Director of the Serious Fraud Oce in London,de®ned tracking in ... required.In 1994 Hong Kong enacted the Organised andSerious Crimes Ordinance, Chapter 455 (OSCO). ......
  • Advising the Serious Organised Crime Agency: the role of the specialist prosecutors
    • Nbr. 12-3, July 2005
    • Journal of Financial Crime
    • 251-263
    Introduces the UK’s Serious Organised Crime Agency (SOCA), which was set up in February 2004 and aims to reduce the profit incentive on serious crimes, disrupt criminal enterprises and increase the...
    ......', but how far will the judiciary let the inves-tigator go? The situation is bound to arise, whendamning evidence of detestable crimes is revealed byhighly questionable tactics. The Criminal Justice Act2003 will permit the prosecutor to appeal an unfavour-able ruling at ®rst ......
  • The Medicrime Convention: Combating Pharmaceutical Crimes through European Criminal Law and beyond
    • Nbr. 7-3, September 2016
    • New Journal of European Criminal Law
    The falsification of medicinal products represents a significant public health threat and has rapidly turned into a global criminal phenomenon. Pharmaceutical crimes are considered an emerging cate...
    ...... cr imes are considered an emerging categor y of transnational organised crime and have progres sively become cyber-enabled crimes .  e ... cation of medical produc ts and similar o e nces posing serious threats to public health. It repres ents a landmark tool which will pave ......
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Law Firm Commentaries
  • Deferred Prosecution Agreements 5 Years On – the Americanisation of UK Corporate Crime Enforcement
    • JD Supra United Kingdom
    Five years ago, in the spring of 2014, Deferred Prosecution Agreements ('DPAs') were first introduced in the UK through the Crime and Courts Act 2013 ('CCA').1 Since then, the Serious Fraud Office ...
    ...... Courts Act 2013 ('CCA').1 Since then, the Serious Fraud Office ('SFO') has concluded four DPAs. ... to prevent' offences to other economic crimes such as fraud. The Director of the SFO advocated ... and more latterly as a response to organised and violent crime in the 2000s. Initially the ......
  • Deprivation Of Citizenship And Deception: Mo Than Meets The Eye
    • Mondaq UK
    ......terrorism, espionage, serious organised crime, war crimes or. unacceptable ......
  • Whistleblowing – what protection do employees have in Hong Kong?
    • LexBlog United Kingdom
    Notwithstanding the growing global trend in the adoption of express whistleblowing laws (e.g. the US, the UK and Japan), the Hong Kong government has not yet shown any sign of following suit.  So, ...
    ...... suspected money laundering or proceeds of crimes under the Drug Trafficking (Recovery of Proceeds) ...-Terrorism Measures) Ordinance and the Organised and Serious Crimes Ordinance (collectively, the ......
  • Through the wire – the SFO’s plan to obtain evidence using informants
    • JD Supra United Kingdom
    An informant is sent into the midst of a criminal gang. He is wearing a concealed device, crudely taped to his chest. Law enforcement agents listen in from the back of an unmarked van parked incons...
    ...... techniques being used to infiltrate organised criminal gangs in the UK. The use of a CHIS ... set out in sections 71 to 73 of the Serious Organised Crime and Police Act 2005 ("SOCPA"):. ......
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