R (the Director of the Assets Recovery Agency) v Green
| Jurisdiction | England & Wales |
| Judgment Date | 16 December 2005 |
| Date | 16 December 2005 |
| Court | Unspecified Court |
QUEEN's BENCH DIVISION
Before Mr Justice Sullivan
In civil proceedings for recovery under Part 5 of the Proceeds of Crime Act 2002, the Director of the Assets Recovery Agency did not need to allege the commission of any specific criminal offence but had to set out the matters alleged to constitute the particular kind of unlawful conduct by which the property was obtained.
A claim for civil recovery could not be sustained solely upon the basis that a respondent had no identifiable lawful income to warrant his lifestyle.
Mr Justice Sullivan so held in the Queen's Bench Division on December 16, 2005, when determining a preliminary issue in proceedings for civil recovery brought by the director under Part 5 of the 2002 Act.
HIS LORDSHIP said that the preliminary issue was concerned with the detailed manner in which Parliament struck the balance between the civil rights of the individual and the need to ensure that the state had the tools to protect...
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