Source: All England Reporter
Publisher Citation: [2011] All ER (D) 212 (Oct)
Neutral Citation: [2011] UKSC 49
Court: Supreme Court
Judge:

Lord Phillips P, Lord Brown, Lord Mance, Lord Judge, Lord Clarke, Lord Dyson and Lord Reed SCJJ

Representation Andrew Mitchell QC and Jonathan Lennon (instructed by Rahman Ravelli Solicitors) for the defendants.
  Anthony Peto QC, John Law and Robert Weekes (instructed by Serious Organised Crime Agency Legal Department) for SOCA.
  James Eadie QC (instructed by the Treasury Solicitor) for the intervening party.
Judgment Dates: 26 October 2011

Catchwords

Proceeds of crime - Unlawful conduct - Civil recovery of proceeds of unlawful conduct - Standard of proof - First defendant acquitted of drug trafficking in criminal proceedings in Spain and Portugal - Civil proceeding in UK to recover proceeds of unlawful conduct - Judge finding first defendant's wealth product of unlawful conduct - Judge finding identified recoverable property proceeds of unlawful conduct - Judge applying civil standard of proof - Whether judge erring - Whether application of civil standard of proof to civil recovery proceedings brought following acquittal in criminal proceedings in breach of right to fair trial - Pt 5, s 241 - European Convention on Human Rights, art 6.

The Case

Proceeds of crime Unlawful conduct. The Supreme Court held that where a person had been acquitted in criminal proceedings and faced subsequent civil recovery proceedings, art6 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. Further, costs which the Serious Organised Crime Agency was liable to pay to an interim receiver in respect of his investigation were costs of, or incidental to, the civil recovery proceedings and were recoverable from the defendants.

Practice Areas

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