Clancy, Á. orcid.org/0000-0002-2953-3551 (2021) Proving the dough: National Crime Agency v Baker & Ors. The Modern Law Review, 84 (1). pp. 168-180. ISSN 0026-7961
Abstract
This note examines the High Court's recent decision in National Crime Agency v Baker to discharge three unexplained wealth orders (UWOs) relating to properties in London. The UWOs were originally granted on the basis that the properties were suspected of constituting ‘recoverable property’ for the purposes of the Proceeds of Crime Act 2002. The decision is the first to overturn an UWO. Given the few UWO applications to date, it is an important contribution to the available jurisprudence on the mechanism. This comment examines the presiding judge's statements on the evidential thresholds to be met in raising a presumption that property constitutes the proceeds of crime and looks at the decision's emphasis on enforcement authorities’ obligations to meet proportionality requirements. It reviews the Court's discussion of complex property ownership structures. It concludes that the judgment raises issues which enforcement authorities may find challenging in seeking to use UWOs in future investigations.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2020 The Author. The Modern Law Review published by John Wiley & Sons Ltd on behalf of Modern Law Review Limited. This is an open access article under the terms of the Creative Commons Attribution License, (http://creativecommons.org/licenses/by/4.0/) which permits use, distribution and reproduction in any medium, provided the original work is properly cited. |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 09 Sep 2022 15:11 |
Last Modified: | 09 Sep 2022 15:11 |
Status: | Published |
Publisher: | Wiley |
Refereed: | Yes |
Identification Number: | 10.1111/1468-2230.12589 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:190594 |