Proceeds of Crime in UK Law
-
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.
-
R v Waya (Terry)
“
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.
Although these propositions involve the possibility of removing from the defendant by way of confiscation order a sum larger than may in fact represent his net proceeds of crime, they are consistent with the statute's objective and represent proportionate means of achieving it.
The case of a defendant such as was considered in Morgan and Bygrave is, however, a different one. To make a confiscation order in his case, when he has restored to the loser any proceeds of crime which he had ever had, is disproportionate. It would not achieve the statutory objective of removing his proceeds of crime but would simply be an additional financial penalty.
-
R v Raymond George May
“
(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.
-
Webb v Chief Constable of Merseyside Police. ; Chief Constable of Merseyside Police v Porter and Another
“
Although from the Chief Constable's perspective the money is the proceeds of crime, from another perspective the court should not, in my view, countenance expropriation by a public authority of money or property belonging to an individual for which there is no statutory authority. I recognise that there may be circumstances where for a variety of reasons a prosecution may not take place.
-
Kensington International Ltd v Republic of Congo
“
In order for an offence under section 328 to be committed, therefore, the arrangement into which the defendant enters, or in which he becomes involved, must be one which facilitates the acquisition, retention, use or control by another of property which has already become criminal property at the time when it becomes operative.
-
Taxing the Proceeds of Crime
Organised crime groups, in particular drug traffickers, generate considerable amounts of money from their criminal activities. Over the last two decades jurisdictions around the world have therefor...
-
Knowledge Management in the Proceeds of Crime Community
The title of this paper immediately raises a number of issues. Is there such an entity as ‘the proceeds of crime community’? If such an entity exists, can it be ‘managed’? What role does knowledge ...
-
Tax Evasion: Update on the Proceeds of Crime Debate
This paper considers the argument that the financial benefit (or ‘pecuniary advantage’) derived from tax evasion does not represent the proceeds of crime for the purposes of the money‐laundering le...
-
Tracing and confiscating the proceeds of crime
Discusses the prosecution of solicitor Jonathan Duff for failing to disclose his suspicions of money laundering by two clients; he was sentenced to six months imprisonment. Outlines the police’s st...
-
Proposed Amendments to UK Proceeds of Crime and Terrorism Legislation
A Bill was introduced in the UK Parliament proposing amendments to the Proceeds of Crime Act 2002 and Terrorism Act 2000. The Bill forms part of the UK Government’s Action Plan to counter money lau...
-
Directive on freezing and confiscation of proceeds of crime in EU published in OJ
The text of the Directive on the freezing and confiscation of proceeds of crime in the EU has been published in the Official Journal of the EU (OJ). The Directive introduces measures intended to ma...
-
UK Information Commissioner’s Office Consults on Application of Powers under Proceeds of Crime Act
The U.K. Information Commissioner’s Office, the U.K.’s independent body for the upholding of information rights in the public interest, has issued a consultation paper on proposals that it be grant...
- Planning And The Proceeds Of Crime
-
Make a schedule of available or realisable assets
Crown Court forms including the form to extend a representation order.... ... Proceeds of Crime Act 2002 ... Insert a check X in one box ... ... ...
-
guidance
Upper Tribunal (Tax and Chancery Chamber) forms and guidance documents including the judicial review form.... ... Appeals by HM Revenue and Customs, the Serious Organised Crime Agency or the Charity ... Commission ... Before you can appeal – page 6 ... , charity and Land Registration cases, and cases arising from the Proceeds of ... Crime Act 2002. In most cases appeals are on a point of law. The ... ...