R v Bagnall; R v Sharma [2012] EWCA Crim 677 – S72AA POCA – article 6(2) ECHR.
1) confiscation proceedings do not amount to the bringing of a criminal charge.
- the mere fact that P accuses D, in confiscation proceedings, of a specific offence for which he has not been convicted and adduces evidence does not amount to the bringing of a new charge.
2) not unfair under article 6(1) ECHR to require D to establish that companies through which he was trading were carrying out lawful business.
3) not an abuse of process for P to decline to prosecute D for a particular offence, but rather to pursue him through confiscation proceedings.
4) where there are conflicting judgments, the Court of Appeal is bound by its most recent decision.
- amount of a loan to D used by him to commit an offence should not be added in calculating his “benefit” under POCA.
5) not disproportionate to require D to show that the source of his assets were legitimate.
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