National Crime Agency, R (on the application of) v Westminster Magistrates' Court

National Crime Agency, R (on the application of) v Westminster Magistrates' Court

The District Judge erred in law by treating a change of circumstances as a legal precondition to setting aside an Account Freezing Order under s.303Z4 POCA, and failed to apply the correct threshold test or give adequate reasons. The decision to refuse to set aside the AFOs and the related variation order are...

Source-derived case information.

Parties
Claimant: National Crime Agency; Defendant: Westminster Magistrates’ Court; Interested Party / Claimant: Ingliston Management Limited; Interested Party / Claimant: Lodge Security Team Limited; Interested Party: Petr Olegovich Aven
Jurisdiction
England and Wales
Judgment Date
19 October 2022
Procedural Posture
Judicial Review / Judgment on Consolidated Judicial Review of Decisions to Set Aside And/or Vary Account Freezing Orders
Outcome
Application for judicial review by IML and LST allowed; decisions of 18 July 2022 and the Order of Variation set aside; matter remitted for fresh hearing.
Legal Topics
Account Freezing Orders, Proceeds of Crime Act, Sanctions Enforcement, Judicial Review, Disclosure Obligations, Asset Forfeiture
Criminal Law Administrative Law Sanctions Law Account Freezing Orders Proceeds of Crime Act Sanctions Enforcement Judicial Review Disclosure Obligations +1 more

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Parties

National Crime Agency

Claimant

Westminster Magistrates’ Court

Defendant

Ingliston Management Limited

Interested Party / Claimant

Lodge Security Team Limited

Interested Party / Claimant

Petr Olegovich Aven

Interested Party

Procedural Posture

Judicial Review / Judgment on Consolidated Judicial Review of Decisions to Set Aside And/or Vary Account Freezing Orders

Legal Issues

  1. 1 Whether a change of circumstances is a legal precondition to setting aside an Account Freezing Order under s.303Z4 POCA
  2. 2 Whether the District Judge erred in law in refusing to set aside the AFOs
  3. 3 Whether the District Judge erred in granting variation of the AFOs to permit payments under a Treasury licence

Ratio Decidendi

The District Judge erred in law by treating a change of circumstances as a legal precondition to setting aside an Account Freezing Order under s.303Z4 POCA, and failed to apply the correct threshold test or give adequate reasons. The decision to refuse to set aside the AFOs and the related variation order are unsustainable and must be quashed and remitted for fresh consideration.

Court Disposition

Application for judicial review by IML and LST allowed; decisions of 18 July 2022 and the Order of Variation set aside; matter remitted for fresh hearing.

Orders

  • The judgment of 18 July 2022 and the Order of Variation of the same date are set aside.
  • The applications to set aside and/or vary the AFOs are remitted for a fresh hearing de novo in the Magistrates’ Court.