header-logo header-logo

03 November 2011
Issue: 7488 / Categories: Case law , Law digest , Criminal , In Court
printer mail-detail

Proceeds of crime

Gale and another v Serious Organised Crime Agency [2011] UKSC 49, [2011] All ER (D) 212 (Oct)

If confiscation proceedings did not involve a criminal charge, but were subject to the civil standard of proof, there was no reason in principle why confiscation should not be based on evidence that satisfied the civil standard, notwithstanding that it had proved insufficiently compelling to found a conviction on application of the criminal standard. Where a person had been acquitted in criminal proceedings and faced subsequent civil recovery proceedings, Art 6 of the European Convention on Human Rights applied only in circumstances where there was a procedural link between the criminal prosecution and the subsequent confiscation proceedings. Moreover, investigative costs incurred by a receiver and reimbursed by the Serious Organised Crimes Agency, including the reasonable remuneration of the receiver, were costs of, or incidental to, civil recovery proceedings.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll