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England and Wales decisions
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The High Court dismissed Mr Mirza’s s.83 Criminal Justice Act 1988 application for a certificate of inadequacy, finding he was trying to re-open the original confiscation order.
Dilenardo & Anor, R. v [2025] EWCA Crim 1672 (18 December 2025)
The Court of Appeal refused leave to appeal against a receivership order under POCA, rejecting complaints about representation, proportionality, tenant rights, and fresh evidence.
The applicant had been given a reasonable opportunity to make representations regarding her interest in the property during the section 10A determination, and there was no serious risk of injustice in binding the court to that determination. The fresh evidence sought to be admitted was not relevant or sufficient to reopen the issue. Leave to appeal was refused.
Source excerpt
The Court of Appeal held that Italian patteggiamento judgments can count as convictions for registering foreign confiscation orders under the 2005 Order.
Prosecution appeal against a confiscation order was allowed. The court held Parker was liable for excise duty on smuggled tobacco and that forfeited cash should not reduce available assets.
Parker, R v [2018] EWCA Crim 1057 (1 May 2018)
The Court of Appeal increased a confiscation order after finding the respondent was liable for evaded excise duty on smuggled tobacco and that seized cash should not be deducted.
The Court of Appeal held that a compliance order under section 13A POCA turns on what is “appropriate,” not “necessary,” but an indefinite travel ban was unjustified.
Mirchandani, R (on the prosecution by) v Somaia [2017] EWCA Crim 741 (09 June 2017)
The Court of Appeal upheld a confiscation order against Ketan Somaia, rejecting conflict-of-interest, hidden-assets, and benefit-calculation challenges.
The High Court dismissed two applications for certificates of inadequacy under section 83 of the Criminal Justice Act 1988 in confiscation proceedings.
Court of Appeal Criminal Division held that McDowell’s proceeds were benefit from prohibited trading, but Singh’s unregistered trading receipts were not benefit and his confiscation order was quashed.
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