Adams, In the matter of the Criminal Justice Act 1988

Adams, In the matter of the Criminal Justice Act 1988

Applicant failed to prove on balance of probabilities that his current assets are less than the outstanding balance on the Confiscation Order. Evidence indicates existence of unidentified cash reserves and spending inconsistent with claimed poverty. Full and candid disclosure was not provided; application for Certificate of Inadequacy refused.

Parties
Applicant/defendant: Terence George Adams; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
11 August 2014
Procedural Posture
Application for Certificate of Inadequacy Under Section 83 Criminal Justice Act 1988 / Judgment
Outcome
application refused
Legal Topics
Certificate of Inadequacy, Hidden Assets, Burden of Proof, Money Laundering, Financial Reporting Order
Criminal Law Proceeds of Crime Confiscation Certificate of Inadequacy Hidden Assets Burden of Proof Money Laundering Financial Reporting Order

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Parties

Terence George Adams

Applicant/defendant

Crown

Respondent

Procedural Posture

Application for Certificate of Inadequacy Under Section 83 Criminal Justice Act 1988 / Judgment

Legal Issues

  1. 1 Whether the applicant's current assets are less than the outstanding balance on the Confiscation Order
  2. 2 Whether the applicant has provided full and candid disclosure of his assets
  3. 3 Whether the Crown can assert existence of hidden assets post-confiscation order

Ratio Decidendi

Applicant failed to prove on balance of probabilities that his current assets are less than the outstanding balance on the Confiscation Order. Evidence indicates existence of unidentified cash reserves and spending inconsistent with claimed poverty. Full and candid disclosure was not provided; application for Certificate of Inadequacy refused.

Court Disposition

application refused