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England and Wales decisions
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The Crown Court was not obliged to determine the existence and extent of tainted gifts on the application to vary or discharge restraint orders; such determination is appropriately left to the enforcement stage. The Judge exercised discretion properly and there was no legal merit in the appeal.
Source excerpt
Neophytou & Anor, R. v [2026] EWCA Crim 489 (27 March 2026)
The Court of Appeal refused to reopen a confiscation-order appeal, holding that a six-month Article 6 delay caused no real injustice and no exceptional circumstances.
Confiscation judgment in a large excise duty and VAT fraud. The court held the defendants jointly obtained the full benefit and made orders to prevent double recovery.
Marwaha & Ors, R. v [2026] EWCR 3 (16 March 2026)
Confiscation orders were made against three fraud defendants for the full joint benefit of excise duty and VAT evasion, with inflation uplift and anti-double-recovery terms.
Mirza v Crown Prosecution Service [2025] EWHC 3349 (Admin) (19 December 2025)
The High Court dismissed Zahid Mirza’s application for a certificate of inadequacy under s.83 Criminal Justice Act 1988, finding no proof of a genuine post-order change in assets.
Shayler v Yeo [2025] UKFTT 1298 (PC) (14 October 2025)
The tribunal rejected Mr Shayler’s claim to a beneficial interest in 25 Naseby Close, finding the property was bought with criminal proceeds and illegality barred relief.
Stevens, R. v [2025] EWCA Crim 1123 (15 July 2025)
The Court of Appeal corrected a confiscation order after a pension was wrongly given a realisable value. It reduced the order, compensation, and default term.
Jacob (Formerly Oyebola), R. v (Re s.31 Proceeds of Crime Act 2002 - Crim PR Part 36.15) [2025] EWCA Crim 759 (10 June 2025)
The Court of Appeal reopened the 2018 confiscation appeal to correct the benefit figure, but rejected attempts to reopen earlier confiscation and conviction appeals.
The High Court refused to discharge or vary a restraint order over Linda McCracken’s property, finding a real risk of dissipation if she sold her share below market value.
Neophytou, R (On the Application Of) v Governor of HMP Berwyn & Anor [2025] EWCA Civ 348 (26 March 2025)
The Court of Appeal allowed a prisoner's appeal, holding that his ERCG medical application should have been submitted to PPCS under the policy.
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