Moss, R v

Moss, R v

The 2014 Regulations apply to confiscation orders made before their commencement, and certification for enforcement in another Member State can be made in respect of any available property under a value-based confiscation order, not limited to property shown to be proceeds of crime.

Parties
Respondent: R.; Appellant: Paul Moss
Jurisdiction
England and Wales
Judgment Date
26 March 2019
Procedural Posture
Criminal Appeal / Appeal From Crown Court Decision on Certification of Confiscation Order Under the Proceeds of Crime Act 2002 and the Criminal Justice and Data Protection (protocol No. 36) Regulations 2014
Outcome
Appeal dismissed
Legal Topics
Confiscation Orders, Mutual Recognition of Orders, Retrospective Application of Regulations, Value Confiscation Vs Property Confiscation
Criminal Law Proceeds of Crime European Law Confiscation Orders Mutual Recognition of Orders Retrospective Application of Regulations Value Confiscation Vs Property Confiscation

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Parties

R.

Respondent

Paul Moss

Appellant

Procedural Posture

Criminal Appeal / Appeal From Crown Court Decision on Certification of Confiscation Order Under the Proceeds of Crime Act 2002 and the Criminal Justice and Data Protection (protocol No. 36) Regulations 2014

Legal Issues

  1. 1 Whether the 2014 Regulations apply to confiscation orders made before their commencement date
  2. 2 Whether certification under the 2014 Regulations can be made in respect of property not shown to be proceeds of crime

Ratio Decidendi

The 2014 Regulations apply to confiscation orders made before their commencement, and certification for enforcement in another Member State can be made in respect of any available property under a value-based confiscation order, not limited to property shown to be proceeds of crime.

Court Disposition

Appeal dismissed

Orders

  • Certification under the 2014 Regulations for enforcement of the confiscation order in Spain is upheld