A v ACC

A v ACC

Although there was a serious default by the police in failing to disclose the claimant's status as a CHIS, the investigation would have continued and the property would have remained restrained even if full disclosure had been made. Therefore, the statutory conditions for compensation under section 72 were not satisfied and the claim fails.

Parties
Claimant: A; Respondent: ACC
Jurisdiction
England and Wales
Judgment Date
15 February 2017
Procedural Posture
Compensation Claim Under Section 72 of the Proceeds of Crime Act 2002 / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Compensation for Serious Default, Duty of Disclosure, Restraint Orders, Covert Human Intelligence Source (chis), Money Laundering
Criminal Law Proceeds of Crime Police Law Compensation for Serious Default Duty of Disclosure Restraint Orders Covert Human Intelligence Source (chis) Money Laundering

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Parties

A

Claimant

ACC

Respondent

Procedural Posture

Compensation Claim Under Section 72 of the Proceeds of Crime Act 2002 / Judgment After Trial

Legal Issues

  1. 1 Whether there was a serious default by the police in failing to disclose the claimant's status as a CHIS when applying for a restraint order
  2. 2 Whether the investigation would have continued if the default had not occurred
  3. 3 Whether the claimant suffered loss as a result of the restraint order

Ratio Decidendi

Although there was a serious default by the police in failing to disclose the claimant's status as a CHIS, the investigation would have continued and the property would have remained restrained even if full disclosure had been made. Therefore, the statutory conditions for compensation under section 72 were not satisfied and the claim fails.

Court Disposition

Claim dismissed