Scottish Ministers v. McGuffie & Ors [2006] ScotCS CSOH_34 (28 February 2006)

Scottish Ministers v. McGuffie & Ors [2006] ScotCS CSOH_34 (28 February 2006)

The interim administration order and related proceedings under Part 5 of the Proceeds of Crime Act 2002 are civil in nature and do not impose a criminal penalty. Article 7 ECHR is not engaged. The orders sought are preventative, directed at property, and do not amount to retrospective punishment. The plea in law for the petitioners is sustained; the respondent's arguments are not well founded.

Citation
[2006] ScotCS CSOH_34
Parties
Petitioner: Scottish Ministers; First Respondent: George McGuffie; Respondents: Others (including Beverley Walls, Kenneth McGuffie)
Jurisdiction
Scotland
Judgment Date
28 February 2006
Procedural Posture
Petition for Interim Administration Order (civil Recovery) / Interlocutory Judgment on Relevancy and Compatibility With Article 7 ECHR
Outcome
Petitioners' plea in law sustained; First Respondent's pleas in law repelled; prayer of the petition granted insofar as not already granted; case put out By Order.
Legal Topics
Proceeds of Crime Act 2002, Civil Recovery of Proceeds of Crime, Article 7 ECHR (no Punishment Without Law), Retrospective Penalties, Jurisdiction of Scottish Ministers, Interim Administration Orders
Civil Procedure Human Rights Law Criminal Law (proceeds of Crime) Proceeds of Crime Act 2002 Civil Recovery of Proceeds of Crime Article 7 ECHR (no Punishment Without Law) Retrospective Penalties Jurisdiction of Scottish Ministers +1 more

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Parties

Scottish Ministers

Petitioner

George McGuffie

First Respondent

Others (including Beverley Walls, Kenneth McGuffie)

Respondents

Procedural Posture

Petition for Interim Administration Order (civil Recovery) / Interlocutory Judgment on Relevancy and Compatibility With Article 7 ECHR

Legal Issues

  1. 1 Does an interim administration order under Part 5 of the Proceeds of Crime Act 2002 impose a retrospective criminal penalty contrary to Article 7 ECHR?
  2. 2 Are civil recovery proceedings under the 2002 Act properly classified as civil or criminal for Convention purposes?
  3. 3 Is Article 7 ECHR engaged by the orders sought in this petition?

Ratio Decidendi

The interim administration order and related proceedings under Part 5 of the Proceeds of Crime Act 2002 are civil in nature and do not impose a criminal penalty. Article 7 ECHR is not engaged. The orders sought are preventative, directed at property, and do not amount to retrospective punishment. The plea in law for the petitioners is sustained; the respondent's arguments are not well founded.

Court Disposition

Petitioners' plea in law sustained; First Respondent's pleas in law repelled; prayer of the petition granted insofar as not already granted; case put out By Order.

Orders

  • Interim administration order granted under Part 5 of the Proceeds of Crime Act 2002.
  • Warrant for inhibition and arrestment granted.