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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll