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03 March 2017 / Jonathan Fisher KC
Issue: 7736 / Categories: Features
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Digging the dirt: unexplained wealth orders

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Jonathan Fisher QC explores unexplained wealth orders

  • Several questions concerning the introduction of the unexplained wealth order remain unanswered

The proposed introduction of a free-standing procedure into the Proceeds of Crime Act 2002 (POCA 2002) which compels an individual to explain the source of his wealth is a radical development in English law. More usually, judges are required to decide upon matters relating to disclosure of information where the issue arises during civil proceedings, or where a defendant seeks to explain the legitimate origin of his assets in confiscation proceedings following criminal conviction.

Under the new provision, which is the first to be introduced by the Criminal Finances Bill 2016 and is to be known as an unexplained wealth order (UWO), there is no need for any civil or criminal proceedings to have been initiated. An enforcement authority may apply to the High Court in circumstances where an individual is a foreign politically-exposed person (PEP), or there are reasonable grounds to suspect that an individual has been involved in serious

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Constantine Law—Anita Vadgama

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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