Benjafield & Ors, R v [2000] EWCA Crim 86 (21st December, 2000)

Benjafield & Ors, R v [2000] EWCA Crim 86 (21st December, 2000)

The Court held that confiscation orders under the 1988 and 1994 Acts are compatible with Article 6 ECHR provided the statutory assumptions are not applied where there is a serious risk of injustice, and that the process is part of the sentencing following conviction, not a separate criminal charge. The Human Rights Act 1998 applies to appeals heard after its commencement if the original proceedings were brought by a public authority. The statutory scheme, including the burden-shifting assumptions, does not violate the presumption of innocence so long as the defendant has the opportunity to rebut the assumptions and the court exercises its discretion to prevent injustice.

Citation
[2000] EWCA Crim 86
Parties
Appellant: Mr Rezvi; Respondent: The Crown
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
appeal dismissed
Legal Topics
Confiscation Orders, Proceeds of Crime, Burden of Proof, Presumption of Innocence, Retrospectivity of Human Rights Legislation
Criminal Law Human Rights Law Confiscation Orders Proceeds of Crime Burden of Proof Presumption of Innocence Retrospectivity of Human Rights Legislation

Case Brief

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Parties

Mr Rezvi

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether confiscation orders under the Criminal Justice Act 1988 and Drug Trafficking Act 1994 are compatible with Article 6 of the European Convention on Human Rights (ECHR)
  2. 2 Whether statutory assumptions in confiscation proceedings violate the presumption of innocence under Article 6(2) ECHR
  3. 3 Whether the Human Rights Act 1998 applies retrospectively to appeals heard after its commencement

Ratio Decidendi

The Court held that confiscation orders under the 1988 and 1994 Acts are compatible with Article 6 ECHR provided the statutory assumptions are not applied where there is a serious risk of injustice, and that the process is part of the sentencing following conviction, not a separate criminal charge. The Human Rights Act 1998 applies to appeals heard after its commencement if the original proceedings were brought by a public authority. The statutory scheme, including the burden-shifting assumptions, does not violate the presumption of innocence so long as the defendant has the opportunity to rebut the assumptions and the court exercises its discretion to prevent injustice.

Court Disposition

appeal dismissed

Orders

  • Confiscation order in the sum of £214,839 upheld
  • Appellant allowed six months to pay, with three years imprisonment in default