•  
  •  
 

The Plymouth Law and Criminal Justice Review

Amy Giles

Document Type

Article

Abstract

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.

Publication Date

2013-01-01

Publication Title

The Plymouth Law & Criminal Justice Review

Volume

5

Issue

1

First Page

85

Last Page

109

ISSN

2054-149X

Deposit Date

March 2017

Embargo Period

2024-11-01

Creative Commons License

Creative Commons Attribution 4.0 International License
This work is licensed under a Creative Commons Attribution 4.0 International License.

Download

Share

COinS