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Tim Brown succeeds in Proceeds of Crime Act Appeal

Posted: 12th August 2008

In London Borough of Lewisham v Stapleton [2008] All ER (D) 200 (May) the Court of Appeal confirmed that in order to satisfy the criminal lifestyle criteria in asset recovery proceedings under the Proceeds of Crime Act 2002 the prosecution were entitled to rely on offences committed after that Act came into force even when there were criminal offences committed before and that this did not infringe the transitional provisions. The Court also affirmed the principles derived from R v Aslam [2004] EWCA Crim 2801 that breach of certain procedural statutory requirements does not vitiate confiscation proceedings.  

Tim Brown acted for the London Borough of Lewisham. For full judgement please return to the HOME page and click on the link under Publications