You are not currently signed in - enter your email address and password into the boxes below, or create a new account.

R v Ahmad and Anor; R v Fields and Ors [2014] UKSC 36 – S 71(4) POCA - HRA - ECHR - A1P1.

1) presumption of innocence in article 6.2 ECHR does not apply to confiscation hearings as they part of sentencing not the criminal trial.
2) a confiscation hearing was more civil than criminal and, as per s 6(7) POCA, issues could be decided on balance of probabilities.
3) where two or more Ds obtain control of property jointly each of them obtains all of it.
4) disproportionate for the state to take the same proceeds of crime more than once.
- hence, where joint obtaining, the confiscation order although made against each D for the whole value of the benefit jointly obtained, should limit total recovery to the joint benefit.

undefined: unpaid

Related case digests

Legislation