THE SCOTTISH MINISTERS v. PETER DEVANEY & ROSEMARY ANDERSON & GRAEME STARK [2012] ScotSC 59 (09 May 2012)

THE SCOTTISH MINISTERS v. PETER DEVANEY & ROSEMARY ANDERSON & GRAEME STARK [2012] ScotSC 59 (09 May 2012)

The statutory language of POCA does not preclude aggregation of cash sums seized from multiple individuals where a nexus exists; the court should look to the reality and purpose of the legislation, which is to prevent circumvention by dividing cash among individuals. Therefore, the competency pleas are not well founded and are repelled.

Citation
[2012] ScotSC 59
Parties
Pursuer: The Scottish Ministers; First Defender: Peter Devaney; Second Defender: Rosemary Anderson; Third Defender: Graeme Stark
Jurisdiction
Scotland
Judgment Date
09 May 2012
Procedural Posture
Summary Application Under Section 298 of the Proceeds of Crime Act 2002 / Interlocutory Judgment on Competency Pleas
Outcome
First pleas-in-law for the second and third defenders repelled; second plea-in-law for pursuers sustained to the extent of excluding specified averments; third plea-in-law for pursuers repelled as not insisted upon; case appointed to a hearing on expenses and further procedure; all questions of expenses reserved.
Legal Topics
Proceeds of Crime, Forfeiture of Cash, Minimum Amount Requirement, Aggregation of Sums, Competency of Proceedings
Criminal Law Civil Recovery Asset Forfeiture Proceeds of Crime Forfeiture of Cash Minimum Amount Requirement Aggregation of Sums Competency of Proceedings

Case Brief

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Parties

The Scottish Ministers

Pursuer

Peter Devaney

First Defender

Rosemary Anderson

Second Defender

Graeme Stark

Third Defender

Procedural Posture

Summary Application Under Section 298 of the Proceeds of Crime Act 2002 / Interlocutory Judgment on Competency Pleas

Legal Issues

  1. 1 Whether cash sums below the statutory minimum can be aggregated for forfeiture under POCA 2002
  2. 2 Whether the action is competent against defenders with less than £1,000 seized

Ratio Decidendi

The statutory language of POCA does not preclude aggregation of cash sums seized from multiple individuals where a nexus exists; the court should look to the reality and purpose of the legislation, which is to prevent circumvention by dividing cash among individuals. Therefore, the competency pleas are not well founded and are repelled.

Court Disposition

First pleas-in-law for the second and third defenders repelled; second plea-in-law for pursuers sustained to the extent of excluding specified averments; third plea-in-law for pursuers repelled as not insisted upon; case appointed to a hearing on expenses and further procedure; all questions of expenses reserved.

Orders

  • Repels first plea-in-law for second defender
  • Repels first plea-in-law for third defender