Case Law Update 2020

In this article, the authors, Polly Dyer and HHJ. Michael Hopmeier review a number of confiscation judgments from the first six months of 2020.

Funding the Defence: Civil Recovery Proceedings under Part 5 of POCA

Jonathan Lennon and John Carl Townsend consider the vexed question of defence costs in POCA High Court Civil Recovery proceedings where the assets are frozen by a Property Freezing Order. The authors are involved in a civil recovery case in which Costs Budgeting has been directed – the pros and cons are explained.

Confiscation regime review to ensure crime doesn’t pay: Law Commission event in Liverpool

The Law Commission announced on 7 November 2018 that it is reviewing Part 2 of POCA 2002 to consider ways in which the law on confiscation could be improved. For more information see:https://www.lawcom.gov.uk/confiscation-regime-review-to-ensure-crime-doesnt-pay/ POCLA has been informed that the Law Commission is hosting an evening on 22 November 2018 in Liverpool with practitioners to discuss…

Stopping a Criminal Investigation – Challenges to Production Orders

An article by Jonathan Lennon Production Orders (whether under s9, Schd 1 of PACE, s55 of the Drug Trafficking Act 1994 – or s345 of POCA) are usually pretty much ignored by defenders representing clients on a criminal matter.  This is for good reason; such orders appear routine, usually relating to the formal production of…

Reform of the Suspicious Activity Regime: A Wild Goose Chase?

John Binns looks at the Law Commission’s consultation on the problem of Suspicious Activity Reports. The Law Commission is currently consulting on aspects of the Suspicious Activity Reports (SARs) Regime under the Proceeds of Crime Act 2002 (POCA), with a deadline for responses of 5 October 2018. By way of background, this regime comprises two…

The New Money Laundering Regulations: A Game of Risk

The Fourth EU Anti-Money Laundering Directive (“4MLD”) was implemented in the UK on Monday 26 June 2017 when the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer Regulations) 2017 (“2017 Regulations”) came into force. Although 4MLD extends the scope of the anti-money laundering (“AML”) regime to all “providers of gambling services”…

Tax Evasion, Its Facilitators, and the New Corporate Duty to Stop Them

John Binns discusses the introduction of complex new offences in the Criminal Finances Act 2017, aimed at putting pressure on businesses to stop those who help others evade tax. The Criminal Finances Act 2017 contains a number of provisions aimed at tackling financial crime, which are expected to come into force later this year. The…

The UK Anti-Money Laundering Regime: the practical effects for business

10 March 2017 John Binns and Caroline Mair discuss the key provisions of the UK Anti-Money Laundering regime, a regime which has serious and wide-ranging implications for business. The authors provide a snapshot of those provisions and some practical guidance on how businesses might wish to approach their anti-money laundering responsibilities.   The UK’s money laundering legislation…