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 (Civil Division)
    • 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 (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 (Criminal Division)
    • 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".

  • 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.

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Legislation
  • Modern Slavery Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... of an order under section 97 of the Serious Organised Cr. ime and Police Act 2005 ... . section 51 (genocide, crimes against humanity and war crimes). . . section ......
  • Counter-Terrorism Act 2008
    • UK Non-devolved
    • 1 de Enero de 2008
    ...... authority" means a police force, the Serious Organised Crime Agency or the Commissioners for ... of that Order (punishment of certain grave crimes committed by a child), or. . . (vii) detention ......
  • The Criminal Procedure Rules 2020
    • UK Non-devolved
    • 1 de Enero de 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 ......
  • The Criminal Procedure Rules 2015
    • England & Wales
    • 1 de Enero de 2015
    ......'s application for the retrial of a serious offence after acquittal). Section 8 of the 1968 ... (h) section 75 of the Serious Organised Crime and Police Act 2005 (  122 ) (identity of ... serious damage, terrorism offences and war crimes and other international offences. . The time ......
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Books & Journal Articles
  • An overview of the anti‐money laundering laws of Hong Kong
    • Núm. 11-4, Octubre 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
    • Núm. 7-3, Julio 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 ... believes that in the combat of organisedcrime in whatever guise it is paramount that HongKong ..., Rosalind Wright, the Director of the Serious Fraud Oce in London,de®ned tracking in ......
  • Advising the Serious Organised Crime Agency: the role of the specialist prosecutors
    • Núm. 12-3, Julio 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
    • Núm. 7-3, Septiembre 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 ......
  • 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"):. ......
  • UK Economic Crime Group: Enforcement Update - September 3, 2019
    • Mondaq UK
    ......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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