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.

  • 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.

  • 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 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.

  • 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 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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  • Modern Slavery Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... of an order under section 97 of the Serious Organised Crime and Police Act 2005 (confiscation ... Court Act 2001—section 51 (genocide, crimes against humanity and war crimes) section 52 ... ...
  • Criminal Justice and Licensing (Scotland) Act 2010
    • Scotland
    • January 01, 2010
    ... ... or more offences associated with it, was serious enough to warrant the imposition of such an ... PART 2: CRIMINAL LAW ... Serious organised crime ... 28: Involvement in serious organised ... 2013/121) ... Genocide, crimes against humanity and war crimes ... 32: ... ...
  • Proceeds of Crime Act 2002
    • UK Non-devolved
    • January 01, 2002
    ... ... 1 repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para ... 82(f) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), ... ...
  • 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 ... section 75 of the Serious Organised Crime and Police Act 2005(189) (identity of a ... paragraph 63 of Schedule 6 to, the Serious Crimes Act 2007 (c. 27), section 148(1) of, and ... ...
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Books & Journal Articles
  • An overview of the anti‐money laundering laws of Hong Kong
    • No. 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
    • No. 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) ... ...
  • Sepecialisation in adult protection in Kent Police and the role of the police in investigations
    • No. 11-1, April 2009
    • The Journal of Adult Protection
    • 21-27
    The police are key partners in adult protection work locally and take lead responsibility for investigating alleged crimes committed against vulnerable adults in our communities. They therefore pla...
    ... ... responsibility for investigating alleged crimes committed against vulnerable adults in our ... therefore play a critical role in many serious and complex adult protection investigations. This ... how a large police service has organised its adult protection resources and maps out the ... ...
  • Advising the Serious Organised Crime Agency: the role of the specialist prosecutors
    • No. 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 ... ...
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Law Firm Commentaries
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