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Crime brief

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07 August 2008 / Andrew Keogh
Issue: 7333 / Categories: Features , Criminal
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Proceeds of crime

R (on the application of the Chief Constable of Greater Manchester Police) v City of Salford Magistrates’ Court R (on the application of Sarwar and Sons (Knitwear) Ltd) v Chief Constable of Greater Manchester Police [2008] All ER (D) 272 (Jul), [2008] EWHC 1651 (Admin)

In considering s 295 of the Proceeds of Crime Act 2002 (which deals with detention of cash following seizure) at an interim stage of a police investigation, the test for the court to consider was whether or not criminal monies had been a material contribution to the acquisition of restrained monies. It was in essence a lower threshold than that required under s 298.

The district judge was therefore not asking himself the right question—which was whether there were reasonable grounds for suspecting that this money derived to a material degree from the labour of people whom it was a criminal offence to employ, and whether its further detention was justified pending investigation of its derivation, or consideration was given to bringing proceedings against any person “for

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