Judgment was handed down by the Supreme Court today in the case of R v Guraj. The case concerned the procedure for postponing confiscation proceedings under section 14 of the Proceeds of Crime Act 2002 where the prosecution had allowed them to lapse for 540 days. The Court of Appeal had found in favour of Mr Guraj, quashing the original order on the grounds that the delays and breaches of the procedures and time table set out in the Act had left the Court with no power to make the order. The Supreme Court, whilst finding against Mr Guraj, found that serious failures to follow the procedures in section 14 POCA which caused unfairness would lead to the result of the Crown Court declining the make any order. The longer the period of lapse the more likely it would be that the Crown Court would make no order.
Simon Farrell QC and Kitty St Aubyn were instructed for the Respondent.
Click here to read the Judgment.
14th December 2016
Call: 1983 / QC: 2003
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