Cash forfeiture – punishment without crime?
The financial year 2018/19 saw a record £51 million collected through cash forfeiture under chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (‘POCA’). Those who consider...
Weekly Digest: 21 October 2019
This week’s edition considers seven judgments; two of the Supreme Court, one of the Court of Appeal (Criminal Division) and four of the High Court. In Routier and another v Commissioners...
Weekly Digest: 25 February 2019
This week’s Digest considers four judgments from the Court of Appeal (Criminal Division). In R v Cheeseman the court considered whether the householder defence was available to a soldier who...
UK Anti-Corruption Strategy – one year on
What action has been taken since the launch of the UK anti-corruption strategy in 2017? Simon Ray discusses the ‘year one update’ reviewing progress so far and considers what developments...
Weekly Digest: 8 October 2018
This week’s Digest considers three judgments from the High Court. The first of these considers a challenge to the first Unexplained Wealth Order made under s.362A(1) of the Proceeds of...
Case comment: SFO v Saleh [2018] EWHC 1012
In SFO v Saleh, the Court of Appeal ruled in favour of the SFO in an appeal against a property freezing order for £4.4 million. This case illustrates the willingness and...
Targeting McMafia, Salisbury and Syria – the Unexplained Wealth Order
Алты́нного во́ра ве́шают, а полти́нного че́ствуют - Laws catch flies but let hornets go free (Russian Proverb) ‘Unexplained Wealth Orders’ (‘UWOs’) came into force on 31 January 2018[1]. UWOs are designed as...
Seizing Cryptocurrency – R. v Teresko (Sergejs) (2)
In this second of two posts on the seizure and conversion of cryptocurrency as addressed in the case of R v Teresko (Sergejs) (Kingston Crown Court: HHJ Lodder QC, 11...
UK “Magnitsky provisions” – time for a change?
Since the events that unfolded in Salisbury last week, there have been calls to introduce into UK law a version of the so-called "Magnitsky Act" that was enacted in the...
First unexplained wealth orders made by the High Court
Section 1 of the Criminal Finances Act 2017 added a new investigative tool to the Proceeds of Crime Act 2002 (sections 362A to 362I)(“the Act”). The new measure, known as...