UKSC split on confiscation decision
David Winch
AML & Onboarding Adviser to accountancy firms and forensic accountant specialising in crime & proceeds of crime
Interesting to see the UK Supreme Court split 3-2 this week, with some relatively sharply expressed disagreements, on a technical confiscation point. This issue was 'Can the prosecution ignore some of a defendant's convictions in order to bring his confiscation under PoCA 2002 rather than earlier legislation?'. The majority said 'Yes' but the minority were fairly forceful in their rejection of that view.
In a historic first, the UKSC actually sat in Northern Ireland to hand down their decision.
So, many years after the 2002 legislation was put on the statute book, the courts at the highest level are still working out how it should operate in practice.
Forensic Accountant | Expert Witness | Expert Determiner | Commercial | Criminal | Confiscation | Professional negligence | Investigations |
6 年As I've said before, time for PoCA v2!