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England and Wales decisions
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The application to vacate the hearing was rejected because no good reason was shown for counsel's lack of preparation or delayed instruction, the grounds for appeal were already settled and comprehensible, and vacating the hearing would cause unfair prejudice and delay contrary to the interests of justice.
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The confiscation order must be reduced by £14,500 to reflect the legitimate third party interest in seized cash, as established by evidence from Ms Li and accepted by the National Crime Agency.
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The applicable standard of proof for confiscation proceedings under POCA criminal lifestyle assumptions is civil; the judge was entitled to infer benefit from evidence and properly calculated the benefit figure.
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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.
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Gohil & Anor, R. v [2025] EWCA Crim 1858 (11 November 2025)
The Court of Appeal refused James Ibori’s application to adjourn a renewed leave-to-appeal hearing against a confiscation order.
Jusas, R. v [2025] EWCA Crim 1444 (24 October 2025)
The Court of Appeal reduced a confiscation order by £14,500 after accepting fresh evidence that the cash belonged to a third party.
The Tribunal dismissed Mr Shayler’s application for a land restriction, finding no beneficial interest in 25 Naseby Close and no basis for a Form A restriction.
Stewart, R. v [2025] EWCA Crim 1484 (08 October 2025)
The Court of Appeal refused leave to appeal against a receivership order under the Proceeds of Crime Act 2002, finding no arguable error or risk of injustice.
Michaelides, R. v [2025] EWCA Crim 1276 (18 September 2025)
The Court of Appeal refused leave to appeal a POCA confiscation order against Christopher Michaelides, upholding the civil standard of proof and the £3.45 million benefit figure.
The confiscation and compensation orders were based on a mistaken valuation of the CBA pension, which had no realisable capital value. It is just to permit the appellant to resile from the agreement, reduce the recoverable amount and compensation order, and substitute a lower default imprisonment term.
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