Drug Trafficking in UK Law
-
R v Steven William Montila and Others
“
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.
-
R v Rezvi
“
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.
-
Jennings v Crown Prosecution Service
“
The rationale of the confiscation regime is that the defendant is deprived of what he has gained or its equivalent. He cannot, and should not, be deprived of what he has never obtained or its equivalent, because that is a fine. This must ordinarily mean that he has obtained property so as to own 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.
-
R (the Director of the Assets Recovery Agency) v Green
“
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.
-
HM Advocate and Another v Robert McIntosh
“
It is of course true that if, following conviction of the accused and application by the prosecutor for a confiscation order, the court chooses to make the assumptions specified in section 3(2) of the 1995 Act or either of them, an assumption is made (unless displaced) that the accused has been engaged in drug trafficking which, as defined in section 49(2), (3) and (4), may (but need not) have been criminal.
Article 6(2) provides that everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. The assumptions on which the court is being asked to proceed do not require the court to hold that he has been engaged in criminal conduct. They have much more to do with the civil process of tracing (a restitutionary remedy), especially where, as in this case, the court is asked to bring the value of implicative gifts into the assessment.
-
R v GULBIR RANA Singh
“
If two or more people intend and agree to commit an act that they know to be unlawful, then knowledge or mistake as to a fact critical to the success of the conspiracy is immaterial to its proof; the intention is proxy for, or more correctly an alternative to, knowledge of such a fact.
- Drug Trafficking Offences Act 1986
- Drug Trafficking Act 1994
-
Criminal Justice (International Co-operation) Act 1990
... ... ; and to provide for the seizure, detention and forfeiture of drug trafficking money imported or exported in cash.[5th April 1990] ... BE ... ...
-
Proceeds of Crime Act 2002
... ... (7) These are the provisions—(a) the Drug Trafficking Offences Act 1986 (c. 32) ;(b) Part 1 of the Criminal Justice ... ...
-
Claims-Making and the Prosecution of Black Defendants in Drug Trafficking Trials: the Influence of Deprivation
The relationship between the prosecution and black 1 people has nowhere received a specific or full notice as far as analysis is concerned. On the basis of detailed observations of drug trafficking...
-
Rethinking money laundering and drug trafficking. Some implications for investigators, policy makers and researchers
Purpose: In accordance with the literature on money laundering, policymakers and researchers often use a model which distinguishes three successive stages: placement, layering and integration. But ...
-
Singapore: New Money‐Laundering Law under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act
After six years, the money‐laundering law, under the Drug Trafficking (Confiscation of Benefits) Act 1992 (DTA), is now changed. The DTA (which came into operation on 30th November, 1993) has been ...
-
Drug Trafficking and Ethnic Minorities in Western Europe
Popular media as well as law enforcement agencies throughout Europe routinely identify members of ethnic minorities, and recent migrants in particular, as responsible for selling a large proportion...
-
Beneath A Panamanian Moon: Criminalising Secrecy
Originally published in Risk Advisory, 2016. The term “Panama Papers” has become a by-word for financial skulduggery. On 3 April 2016, the International Consortium of Investigative Journalists...... ... tax evasion, financial fraud and ... drug trafficking. The Panama ... Papers represented a web of ... ...
-
To Report or Not to Report: Hong Kong Money Laundering Requirements
... ... any person who knows or suspects that any property may relate to drug trafficking, to an indictable offence or to terrorist activity, to report ... ...
-
Justice Department Allots Additional US$70 Million To Battle Opioid Crisis
... ... new Department of Justice (DOJ) funding awards aimed at curbing drug trafficking and supporting youth impacted by America's opioid epidemic ... ...
-
Amazon Intel Leads To Seizure Of More Than 240,000 Counterfeit Goods In China
... ... money-laundering and drug-trafficking ... It is encouraging to see such effective collaboration ... ...
-
Make a schedule of available or realisable assets
Crown Court forms including the form to extend a representation order.... ... Insert a check X in one box ... Drug Trafficking Act 1994 ... Criminal Justice Act 1988 ... ... ...
-
Apply to extend a representation order
Crown Court forms including the form to extend a representation order.... ... or extortion, especially when accompanied by allegations of drug trafficking on a commercial scale; ... Complex sexual offence cases ... ...