R v Rezvi [2002] 2 WLR 235 - Ss 71 and 72AA CJA 1988 - article 6(2) ECHR.
- confiscation - sentencing.
1) - confiscation proceedings do not involve a fresh criminal charge.
2) the confiscation provisions are not disproportionate to the problem they address.
undefined: unpaid
Related case digests
- R v Waya [2012] UKSC 51 – POCA – HRA - ECHR - A1P1.
1) stages in making a confiscation order. 2) right to peaceful enjoyment of possessions – article 1 of first protocol to ECHR. - s 6(5)(b) POCA (making of a confiscation order) to be read subject to qualification “except insofar as such an order would be disproportionate”. 3) s 6 HRA gives rise to duty on P to ensure a disproportionate confiscation order is not sought. - but, up to Crown Court judge not to make a disproportionate order; appeal lies to the Court of Appeal; judicial review not appropriate. 4) confiscation order in a lifestyle case based on the statutory assumptions is unlikely to be disproportionate. - the three effects of a legitimate, and proportionate, confiscation order set out in R v May are consistent with POCA’s objective and represent proportionate means of achieving it. 5) even if proceeds of crime have been spent, a confiscation order up to the value of the proceeds will follow against legitimately acquired assets to the extent that they are available for realisation. - however, a confiscation order in a case where D has restored any proceeds to the loser would be disproportionate. 6) In general, where a mortgage loan has been repaid or is amply secured, a proportionate confiscation order is likely to be the benefit that D has derived from the loan, i.e. the increase in value of the property mortgaged. 7) s 79(3) POCA means that if D and another person hold interests in the same property, the value of D’s limited interest should be used to calculate his benefit. - s 84(2)(a) POCA means that a person who holds an interest in property holds property for the purposes of POCA. - s 84(2)(b) POCA means that if a person obtains a limited interest in an item of property, it, not the whole interest, falls to be counted as benefit. 8) the appropriate calculation in this case.