header-logo header-logo

03 March 2017 / Jonathan Fisher KC
Issue: 7736 / Categories: Features
printer mail-detail

Digging the dirt: unexplained wealth orders

nlj_7736_carousel_fisher

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

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll