Consideration of the issues of Third-Party Interests and Tainted Gifts during Confiscation Proceedings under the Proceeds Of Crime Act 2002 (‘POCA’), can cause considerable difficulties as recently emphasised at the Court of Appeal in R v Bevan  EWCA Crim 1345.
In articles appearing on this website recently, the nature and relevant law relating to these issues of Tainted Gifts and Third-Party Interests have been explained:
In R v Bevan the Court of Appeal had to consider a wife’s equitable interest in property for the purposes of POCA proceedings brought against her convicted husband. There arose a difficulty in that the Tainted Gifts provisions had not been properly introduced into the proceedings.
Amandeep Murria of Kangs Solicitors outlines the matters considered by the court.
Kangs Solicitors is nationally recognised for its work in POCA proceedings and the legal directory Chambers & Partners (2021 edition) has recently released its ranking for next year in which the firm has again been recognised as one of the leading POCA & Asset Forfeiture law firms in the country.
We appreciate any client seeking to vary or challenge a confiscation, restraint or cash seizure order requires immediate specialist legal advice and assistance.
For an initial no obligation consultation, please telephone our team of lawyers at any of our offices detailed below:
R v Bevan  EWCA Crim 1345 | Kangs POCA Team
- The Applicant’s husband had pleaded guilty to offences involving transferring or converting criminal property and dishonesty and a Confiscation Order was made against him in July 2019 at Cardiff Crown Court.
- As part of the Confiscation Proceedings, there had been a hearing to determine the extent of the interest held by the husband in respect of property and other assets in which the Applicant also held an interest.
- There was clear evidence that the husband had used some of the proceeds of his criminality to pay off the mortgage to the jointly owned property, purchase a car and deposit monies into bank accounts.
- Unfortunately for the Prosecution, it failed at the relevant time, to introduce to the proceedings its allegations involving the Tainted Gift provisions of POCA.
- Following the determination made by the court, which reduced the value of the Applicant’s financial claim, she lodged an Appeal disputing the approach adopted by the lower Court.
- The Court of Appeal agreed with the Appellant that the approach adopted by the lower Court was incorrect because, amongst other points, the issue of Tainted Gifts had not been introduced at the correct time into the proceedings and the interests as determined by the lower Court regarding the matrimonial home, motor car and bank accounts were all quashed.
How Can We Help? | Kangs National POCA Solicitors
It will be seen from the above that the technicalities surrounding Third Party Interests and Tainted Gifts are such that even the Court of Appeal occasionally has to be called upon to resolve disputes that result from incorrect procedures having been adopted.
If you are an interested party who is in a position to assert a Third Party Interest in respect of Confiscation Proceedings, please feel free to contact the team at Kangs Solicitors which has a wealth of experience in all aspects of POCA proceedings.
We are here to assist and happy to provide an initial no obligation consultation at our offices in London, Birmingham and Manchester or by telephone/video conferencing.