Merida Oil Traders Ltd, R (On the Application Of) v Central Criminal Court & Ors

Merida Oil Traders Ltd, R (On the Application Of) v Central Criminal Court & Ors

The production orders, seizure of cheques, and detention orders were unlawful because the statutory requirements were not met, the cheques were created solely for seizure at police instigation, and there was serious procedural impropriety including lack of notice and non-disclosure. The statutory scheme of POCA does not permit law enforcement to engineer the creation of cash for the purpose of invoking summary seizure and detention powers.

Parties
Claimant: Merida Oil Traders Ltd; 1st Defendant: Central Criminal Court; 2nd Defendant: Commissioner of Police for the City of London; 3rd Defendant: Hammersmith Magistrates Court; 1st Claimant: Bunnvale Limited; 2nd Claimant: Ticom Management LLC; 3rd Defendant: City of London Magistrates Court
Jurisdiction
England and Wales
Judgment Date
11 April 2017
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Production orders and detention orders quashed; declaration of unlawfulness; stay granted to allow possible civil recovery or restraint proceedings.
Legal Topics
Proceeds of Crime Act, Production Orders, Seizure of Cash, Money Laundering, Procedural Fairness, Disclosure Duty
Criminal Law Civil Recovery Judicial Review Proceeds of Crime Act Production Orders Seizure of Cash Money Laundering Procedural Fairness +1 more

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Parties

Merida Oil Traders Ltd

Claimant

Central Criminal Court

1st Defendant

Commissioner of Police for the City of London

2nd Defendant

Hammersmith Magistrates Court

3rd Defendant

Bunnvale Limited

1st Claimant

Ticom Management LLC

2nd Claimant

City of London Magistrates Court

3rd Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether production orders under POCA were lawfully made
  2. 2 Whether cheques were lawfully seized under section 294 POCA
  3. 3 Whether detention orders were lawfully made under section 295 POCA

Ratio Decidendi

The production orders, seizure of cheques, and detention orders were unlawful because the statutory requirements were not met, the cheques were created solely for seizure at police instigation, and there was serious procedural impropriety including lack of notice and non-disclosure. The statutory scheme of POCA does not permit law enforcement to engineer the creation of cash for the purpose of invoking summary seizure and detention powers.

Court Disposition

Production orders and detention orders quashed; declaration of unlawfulness; stay granted to allow possible civil recovery or restraint proceedings.

Orders

  • Production orders of 6 May 2016 quashed
  • Declaration that section 294 POCA could not lawfully be used to seize the cheques