header-logo header-logo

Prove it!

Must the police identify criminal activity in summary cash forfeiture proceedings? Francesca Whitelaw and Elliot Gold report

Civil recovery of the proceeds of crime is now a common feature of the criminal courts. But not necessarily criminal law. Procedures for the recovery of such proceeds may take the form of civil proceedings even though such applications are heard in the criminal courts. For some, this has led to confusion. Practitioners have disagreed over both the burdens and the standards of proof that relate to different parts of the Proceeds of Crime Act 2002 (POCA 2002).

It is now accepted that the authority pursuing the application must demonstrate that the proceeds of crime are as such on the balance of probabilities. In other words, the test is “more likely than not”. However, this has led to another question which has been more difficult to answer. That is, must the prosecuting authorities identify the type of unlawful activity from which the proceeds are derived? Some authorities have said that the applicant/authority

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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll