Serious Organised Crimes in UK Law

Leading Cases
  • R v Rezvi
    • House of Lords
    • 24 Ene 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 Nov 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
    • 19 Jul 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 v Raymond George May
    • House of Lords
    • 14 May 2008

    (6) D ordinarily obtains property if in law he owns it, whether alone or jointly, which will ordinarily connote a power of disposition or control, as where a person directs a payment or conveyance of property to someone else. Mere couriers or custodians or other very minor contributors to an offence, rewarded by a specific fee and having no interest in the property or the proceeds of sale, are unlikely to be found to have obtained that property.

  • R (the Director of the Assets Recovery Agency) v Green
    • Queen's Bench Division (Administrative Court)
    • 16 Dic 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 Dic 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
    • 11 Jul 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".

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Legislation
Books & Journal Articles
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Law Firm Commentaries
  • Deferred Prosecution Agreements 5 Years On – the Americanisation of UK Corporate Crime Enforcement
    • JD Supra United Kingdom
    • White & Case LLP
    • 11 de Mayo de 2019
    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 ......
  • Whistleblowing – what protection do employees have in Hong Kong?
    • LexBlog United Kingdom
    • 30 de Agosto de 2014
    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
    • White & Case LLP
    • 14 de Junio de 2019
    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"):. ......
  • UK Economic Crime Group: Enforcement Update - September 3, 2019
    • Mondaq UK
    • 4 de Septiembre de 2019
    ......We focus on enforcement actions by the Serious Fraud Office (SFO), National Crime Agency (NCA) ... its report on tackling serious and organised crime; Prime Minister orders a sentencing review ... the laundering of the proceeds of their crimes. Government Policy. NAO issues its report on ......
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