Aslam, R v

Aslam, R v

Where the prosecution abandons reliance on pre-commencement offences before the substantive hearing, the court retains jurisdiction to proceed under the Proceeds of Crime Act 1995 in respect of post-commencement offences; the inclusion of pre-commencement offences in the original schedule does not fatally flaw the...

Source-derived case information.

Parties
Appellant: Mohammed Aslam; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
22 October 2004
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
appeal dismissed
Legal Topics
Confiscation Orders, Transitional Provisions, Jurisdiction, Proceeds of Crime Act 1995
Criminal Law Proceeds of Crime Confiscation Orders Transitional Provisions Jurisdiction Proceeds of Crime Act 1995

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Parties

Mohammed Aslam

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the court had jurisdiction to make a confiscation order under the Proceeds of Crime Act 1995 when the indictment included offences committed before its commencement date
  2. 2 Whether abandonment of reliance on pre-commencement offences cures any jurisdictional defect

Ratio Decidendi

Where the prosecution abandons reliance on pre-commencement offences before the substantive hearing, the court retains jurisdiction to proceed under the Proceeds of Crime Act 1995 in respect of post-commencement offences; the inclusion of pre-commencement offences in the original schedule does not fatally flaw the proceedings if not pursued for confiscation.

Court Disposition

appeal dismissed

Orders

  • Confiscation order in the sum of £25,000 affirmed
  • Oral application for leave to appeal to the House of Lords: applicant invited to submit draft question in writing