R v Rollins

R v Rollins

The FSA has the power to prosecute offences of money laundering under sections 327 and 328 of POCA. FSMA sections 401 and 402 do not provide an exhaustive code limiting the FSA's prosecutorial powers. Unless expressly restricted, the FSA retains the general power to prosecute offences within its objects, including those under POCA.

Parties
Appellant: R; Respondent: Rollins
Jurisdiction
England and Wales
Judgment Date
28 July 2010
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Money Laundering, Prosecutorial Powers, Statutory Interpretation
Criminal Law Financial Regulation Money Laundering Prosecutorial Powers Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

R

Appellant

Rollins

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the Financial Services Authority (FSA) has power to prosecute offences of money laundering under sections 327 and 328 of the Proceeds of Crime Act 2002 (POCA)

Ratio Decidendi

The FSA has the power to prosecute offences of money laundering under sections 327 and 328 of POCA. FSMA sections 401 and 402 do not provide an exhaustive code limiting the FSA's prosecutorial powers. Unless expressly restricted, the FSA retains the general power to prosecute offences within its objects, including those under POCA.

Court Disposition

Appeal dismissed

Orders

  • The FSA has the power to prosecute offences of money laundering under sections 327 and 328 of POCA.