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Criminal Law
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30 minutes of audio
(+ optional 5 minute online quiz)
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Course Aims:

This two-part CPDcast seriess gives the listener an overview of some of the issues arising in confiscation proceedings in the crown court that can sometimes cause difficulties for practitioners. In Part One Andrew considers the determination of the defendant’s ‘benefit’ in confiscation proceedings. He will consider the difficulties arising when determining ‘particular criminal conduct’ before going on to begin to look at how the court determines ‘general criminal conduct.’ In Part Two Andrew looks at the practical difficulties that can arise when trying to determine general criminal conduct in more depth, including the issues arising when the court goes on to calculate the recoverable amount. He also considers what safeguards exist to protect defendants from injustice in the confiscation process and finally he looks at the issues that arise from sentences in default of payment.

After completing the course you will:
  • Understand how the defendant’s benefit from particular criminal conduct is determined;
  • Know how to determine a defendant’s pecuniary advantage;
  • Understand how the court interprets ‘obtaining property’;
  • Be aware of some of the difficulties that courts have faced when determining whether a defendant has received a benefit;
  • Understand how the court will apportion benefit in a criminal enterprise;
  • Be aware of some of the pertinent authorities on the topic.
General Interest Difficulty: 2 of 5
Legal Principles
Legislative Updates
Sources and References:
  • Proceeds of Crime Act 2003;
  • Protocol 1 Art.1 of the European Convention on Human Rights;
  • R v Ahmad and Ahmed [2012] EWCA Crim 391;
  • R v Ahmed and Qureshi [2005] 1 Cr. App. R. (S.) 123;
  • R v Anderson [2010] EWCA Crim 615;
  • R v Aspinwell[2010] EWCA Crim 1294;
  • R v Bajwa & Others [2011] EWCA Crim 1093;
  • R v Barnham[2006] 1 Cr. App. R. (S.) 16;
  • R v Briggs-Price[2009] 1 AC 1026;
  • R v Clark, R v Severn [2011] EWCA Crim 15;
  • R v Gibbons[2003] 2 Cr. App. R. (S.) 169;
  • R v Jatvinder Singh[2009] EWCA Crim 1095;
  • R v May, Jennings v Crown Prosecution Service and R v Green [2008] 1 AC 1028, [2008] 1 AC 1046, [2008] 1 AC 1053;
  • R v Sivaraman[2009] 1 Cr. App. R. (S.) 80;
  • R v Waya [2012] UKSC 51.

In this two part CPDcast series Andrew Bodnar from Matrix Chambers discusses confiscation in the crown court and considers some of the issues regarding the proper application of POCA and how they cause difficulty in practice.

Date Recorded: 21st October 2013


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