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

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll