Podcast Location:
Download it here [file size: 29.9 MB]
Categories:
Criminal Law
Fraud, Financial Crime & Anti-Money Laundering
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This two-part podcast series aims to give 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 will begin by considering 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 will continue to look at the practical difficulties that can arise when trying to determine general criminal conduct. He will then go on to discuss the issues arising when the court goes on to calculate the recoverable amount. He will also be considering what safeguards exist to protect defendants from injustice in the confiscation process and finally he will look at the issues that arise from sentences in default of payment.

Outcomes:
After completing the course you will:
  • Understand how the court will determine general criminal conduct;
  • Know how criminal lifestyle is defined for the purpose of a confiscation inquiry;
  • Know when the court will be able to assert a criminal income;
  • Understand what will happen when a defendant has a mixed source of income;
  • Understand how the court will calculate the recoverable and available amount;
  • Know what will constitute a preferential debt;
  • Understand what property the court will take into account in its assessment;
  • Know when the court will make a finding of hidden assets;
  • Be aware of the safeguards available to protect a defendant from injustice;
  • Be aware of the issues that have arisen from sentences in default of payment;
  • Be aware of some of the pertinent authorities on the topic.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • CPS v Nelson and others [2010] 1 Cr. App. R. (S.) 82;
  • Drug Trafficking Act 1994 and Criminal Justice Act 1988;
  • Drug Trafficking Offences Act 1986;
  • Glaves v Crown Prosecution Service [2011] EWCA Civ 69;
  • Proceeds of Crime Act 2003;
  • R v Ahmed and Qureshi [2005] 1 Cr. App. R. (S.) 123;
  • R v Allpress and Symeou, R v Casal, R v Morris, R v Martin [2009] 2 Cr. App. R. (S.) 58;
  • R v Anderson [2010] EWCA Crim 615;
  • R v Aspinwell[2010] EWCA Crim 1294;
  • 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 Del Basso and Goodwin[2011] 1 Cr. App. R. (S.) 41;
  • 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 Rigby [2006] 1 WLR 3067;
  • R v Shabir[2009] 1 Cr. App. R. (S.) 84;
  • R v Shahid [2009] 2 Cr. App. R. (S.) 105;
  • R v Sivaraman[2009] 1 Cr. App. R. (S.) 80;
  • R v Steed[2011] EWCA Crim 75;
  • Serious Fraud Office v Lexi Holdings [2009] 1 Cr. App. R. 23.
Tags:

In this two part podcast 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.

Podcast added: 28/03/11

Podcast last reviewed: 2012-04-02

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