CA (Crim Div) (Irwin LJ, Warby J, Martin Spencer J)
22 November 2019
The Crown Court had been entitled to vary upwards a confiscation order after the High Court, in a claim by the defendant against his solicitors alleging that their conveyancing error had led to his conviction for breaching an enforcement notice and the confiscation order, had made an order indemnifying him against any increase in the order. The indemnity represented an “available amount” for the purposes of the Proceeds of Crime Act 2002 s.22.
CA (Crim Div) (Leggatt LJ, Carr J, Judge Thomas QC)
25 October 2019
Where a confiscation order had been made against a defendant who had been convicted of offences involving the improper retention of pension contributions, it was not disproportionate to require her to pay the full amount of the benefit obtained. Although she might have received the benefit of the pension contributions in any event, it was not open to her to argue that she would or might have acquired valuable rights had she acted honestly.
CA (Crim Div) (Leggatt LJ, Popplewell J, Judge Marson QC)
18 July 2019
The court refused to vary a confiscation order imposed following an individual’s guilty plea to breach of an enforcement notice by illegally renting out three bedsits. The rental income had been a benefit received as a result of criminal conduct for the purposes of the Proceeds of Crime Act 2002 s.76. It was not open to the applicant to argue that as he could have lawfully received a benefit from the property, that amount should be deducted from the confiscation order.
QBD (Jefford J)
15 May 2019
A private prosecutor was not entitled to payment out of central funds of his costs relating to confiscation order enforcement proceedings, as the Prosecution of Offences Act 1985 s.17 was not intended to apply to civil proceedings in the High Court, even if the proceedings were consequential on criminal proceedings.
CA (Civ Div) (Patten LJ, Hamblen LJ, Holroyde LJ)
9 April 2019
Where a company had a proprietary claim over proceeds of fraud because they had been obtained through the unlawful use of its property by its directors, it was entitled to assert its claim in priority to a confiscation order obtained by the CPS.
CA (Crim Div) (Davis LJ, William Davis J, Judge Potter)
26 March 2019
The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 were to be read purposively so as to give effect to Framework Decision 2006/783 on the application of the principle of mutual recognition to confiscation orders. The Regulations could be applied to confiscation orders made before their coming into effect unless it would cause real unfairness to do so. Confiscation orders could extend to property which did not directly represent the proceeds of crime where the defendant had benefited from general criminal conduct.
CA (Crim Div) (Singh LJ, Soole J, Mark Wall QC)
8 March 2019
The court considered the principles governing the Proceeds of Crime Act 2002 s.6(5), which required the court to make a confiscation order where a defendant had benefited from his criminal conduct, if it would not be disproportionate to require the defendant to pay the recoverable amount. The proportionality exception did not mean that a general discretion was vested in the court. It neither called for nor permitted a general exercise of balancing various interests, including the potential hardship or injustice which might be caused to third parties by the making of an order which included a tainted gift.
CA (Crim Div) (Males LJ, Stuart-Smith J, Judge Marks QC)
27 February 2019
When considering the extent of an offender’s benefit from criminal conduct for the purposes of a confiscation order, a court could not extend the meaning of particular criminal conduct beyond the conduct of which a defendant had been convicted, or in respect of which he had pleaded guilty. A confiscation order in the sum of £95,920 for rental income received following non-compliance with a planning enforcement notice was reduced to £58 as the charge specifically referred to conduct “on or about” a particular date.
CA (Crim Div) (Thirlwall LJ, Kerr J, May J)
15 February 2019
The criminal benefit obtained by a foreign exchange dealer who had engaged in missing trader fraud had been rightly calculated by reference to the sums that he had moved through a money service bureau’s bank account. Whilst he had received only a small personal profit by way of commission, that commission was based on the turnover of the business and was therefore a share in the proceeds of the laundered monies.
CA (Civ Div) (Patten LJ, Newey LJ, Coulson LJ)
15 November 2018
It was plain that the pension policies of a company director convicted of VAT fraud constituted “realisable property” under the Criminal Justice Act 1988 so that his appeal against their addition to a receivership order, on the ground that they had no realisable value and would continue to have none for a number of years, failed.