header-logo header-logo

Crime brief

07 August 2008 / Andrew Keogh
Issue: 7333 / Categories: Features , Criminal
printer mail-detail

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

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

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
back-to-top-scroll