Bevan, R v (3rd Party Application re Confiscation Decision Under S 10A Proceeds of Crime Act 2002)

Bevan, R v (3rd Party Application re Confiscation Decision Under S 10A Proceeds of Crime Act 2002)

Where tainted gift provisions are not invoked, the court must apply ordinary property and trust law principles to determine beneficial interests in assets for confiscation purposes; public policy or fairness cannot justify altering those interests based on the criminal source of funds.

Parties
Respondent: Regina; Defendant: Jeffrey Carlton Bevan; Applicant: Samantha Bevan
Jurisdiction
England and Wales
Judgment Date
14 October 2020
Procedural Posture
Criminal Appeal / Appeal From Confiscation Determination Under S.10 a Proceeds of Crime Act 2002
Outcome
Appeal allowed; judge's decision quashed
Legal Topics
Confiscation Orders, Beneficial Ownership, Tainted Gifts, Public Policy, Joint Property, Tracing of Criminal Proceeds
Criminal Law Proceeds of Crime Property Law Confiscation Orders Beneficial Ownership Tainted Gifts Public Policy Joint Property +1 more

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Parties

Regina

Respondent

Jeffrey Carlton Bevan

Defendant

Samantha Bevan

Applicant

Procedural Posture

Criminal Appeal / Appeal From Confiscation Determination Under S.10 a Proceeds of Crime Act 2002

Legal Issues

  1. 1 Extent of defendant's interest in jointly held assets for confiscation purposes
  2. 2 Whether public policy or fairness can alter beneficial ownership absent tainted gift provisions
  3. 3 Application of property and trust law principles in confiscation proceedings

Ratio Decidendi

Where tainted gift provisions are not invoked, the court must apply ordinary property and trust law principles to determine beneficial interests in assets for confiscation purposes; public policy or fairness cannot justify altering those interests based on the criminal source of funds.

Court Disposition

Appeal allowed; judge's decision quashed

Orders

  • Judge's determination regarding interests in equity of house, Mercedes car, and Barclays bank accounts quashed
  • Counsel to agree and lodge minute of order reflecting outcome