L & Ors, R. v [2005] EWCA Crim 1579 (17 June 2005)

L & Ors, R. v [2005] EWCA Crim 1579 (17 June 2005)

The Court of Appeal held that it had no jurisdiction to entertain the appeal because the criteria for a preparatory hearing under section 29 CPIA 1996 were not satisfied. On the substantive legal issue, the Court declared that for an offence under section 327(1) Proceeds of Crime Act 2002, the property must be criminal property at the time of the transfer; property does not become criminal property by virtue of the transfer itself.

Citation
[2005] EWCA Crim 1579
Parties
Appellant: L; Appellant: G; Appellant: Q; Appellant: M; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
17 June 2005
Procedural Posture
Criminal Interlocutory Appeal / Interlocutory Appeal Against a Ruling on a Question of Law Prior to Trial
Outcome
Appeal dismissed for want of jurisdiction; declaration made on substantive law
Legal Topics
Proceeds of Crime, Interpretation of 'criminal Property', Preparatory Hearings, Jurisdiction of Court of Appeal, Section 327 Proceeds of Crime Act 2002, Section 29 Criminal Procedure and Investigations Act 1996
Criminal Law Criminal Procedure Proceeds of Crime Interpretation of 'criminal Property' Preparatory Hearings Jurisdiction of Court of Appeal Section 327 Proceeds of Crime Act 2002 Section 29 Criminal Procedure and Investigations Act 1996

Case Brief

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Parties

L

Appellant

G

Appellant

Q

Appellant

M

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Interlocutory Appeal / Interlocutory Appeal Against a Ruling on a Question of Law Prior to Trial

Legal Issues

  1. 1 Whether property must be 'criminal property' at the time of transfer to constitute an offence under section 327(1) Proceeds of Crime Act 2002
  2. 2 Whether the Court of Appeal had jurisdiction to hear the interlocutory appeal under section 29 CPIA 1996

Ratio Decidendi

The Court of Appeal held that it had no jurisdiction to entertain the appeal because the criteria for a preparatory hearing under section 29 CPIA 1996 were not satisfied. On the substantive legal issue, the Court declared that for an offence under section 327(1) Proceeds of Crime Act 2002, the property must be criminal property at the time of the transfer; property does not become criminal property by virtue of the transfer itself.

Court Disposition

Appeal dismissed for want of jurisdiction; declaration made on substantive law

Orders

  • Court of Appeal has no jurisdiction to entertain the appeal as a preparatory hearing was not properly constituted under section 29 CPIA 1996.
  • Declaration: Had there been jurisdiction, the appeals would have been allowed on the substantive legal issue.