L & Ors, R. v

L & Ors, R. v

The Court concluded that property must be criminal property at the time of transfer for an offence under section 327(1) of the Proceeds of Crime Act 2002; property does not become criminal property merely by being transferred for a criminal purpose. The Court also held it had no jurisdiction to entertain the interlocutory appeal as the statutory criteria for a preparatory hearing under section 29 of the CPIA were not satisfied.

Parties
Appellant: Lisa Loizou; Appellant: John McCarthy; Appellant: James Quilligan; Appellant: Anastasios Gourzoilidis; Appellant: Petros Arampatzis; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
17 June 2005
Procedural Posture
Criminal Appeal / Interlocutory Appeal on Question of Law
Outcome
Appeal not entertained for lack of jurisdiction; Court expresses view that, had it had jurisdiction, it would have allowed the appeal.
Legal Topics
Proceeds of Crime, Criminal Property, Interlocutory Appeals, Preparatory Hearings, Jurisdiction
Criminal Law Proceeds of Crime Criminal Property Interlocutory Appeals Preparatory Hearings Jurisdiction

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Parties

Lisa Loizou

Appellant

John McCarthy

Appellant

James Quilligan

Appellant

Anastasios Gourzoilidis

Appellant

Petros Arampatzis

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Appeal on Question of Law

Legal Issues

  1. 1 Whether property becomes 'criminal property' by virtue of its transfer for a criminal purpose under section 327(1) of the Proceeds of Crime Act 2002
  2. 2 Whether the Court of Appeal has jurisdiction to entertain the interlocutory appeal under section 29 of the Criminal Procedure and Investigations Act 1996

Ratio Decidendi

The Court concluded that property must be criminal property at the time of transfer for an offence under section 327(1) of the Proceeds of Crime Act 2002; property does not become criminal property merely by being transferred for a criminal purpose. The Court also held it had no jurisdiction to entertain the interlocutory appeal as the statutory criteria for a preparatory hearing under section 29 of the CPIA were not satisfied.

Court Disposition

Appeal not entertained for lack of jurisdiction; Court expresses view that, had it had jurisdiction, it would have allowed the appeal.

Orders

  • Liberty to apply to Registrar for costs if representation order does not cover attendance.
  • Reporting restriction: no reporting of argument until conclusion of trial; judgment may be published including names.