The Assessment of Benefit Under Part 2 of the Proceeds Of Crime Act 2002: A Sledgehammer to Crack a Nut?
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This article provides an analysis of the application of Part 2 of the Proceeds of Crime Act 2002 which provides for the making of confiscation orders following conviction in criminal cases. It examines the policy reasons behind the Act and traces the legislative development which commenced following the House of Lords ruling in R v Cuthbertson and Others that it had no jurisdiction to make an order for the defendants involved in, at the time, the biggest drug ring in the United Kingdom to forfeit their proceeds. This article considers the defendant’s ‘benefit’ from crime which may be assessed at a much higher amount than that which has passed through his hands. It focuses on three problem areas: cases involving joint defendants, the operation of statutory ‘assumptions’, and the discretion afforded to the court in confiscation proceedings.
Giles, A. (2013) 'The Assessment of Benefit Under Part 2 of the Proceeds Of Crime Act 2002: A Sledgehammer to Crack a Nut?', Plymouth Law and Criminal Justice Review, 5, pp. 85-109. Available at: https://pearl.plymouth.ac.uk/handle/10026.1/8991
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