PROCURATOR FISCAL, GREENOCK AGAINST DAVID RUSH [2016] ScotSC 17 (07 March 2016)

PROCURATOR FISCAL, GREENOCK AGAINST DAVID RUSH [2016] ScotSC 17 (07 March 2016)

The respondent, as sole beneficiary, held an interest in heritable property at the relevant time and failed to disclose it. The legislative framework allows recalculation of available assets and variation of the confiscation order to reflect the true extent of assets, regardless of delay or prior settlement offers. It would not be just to allow concealment of assets to defeat the purpose of the legislation.

Citation
[2016] ScotSC 17
Parties
Applicant: Procurator Fiscal, Greenock; Respondent: David Rush
Jurisdiction
Scotland
Judgment Date
07 March 2016
Procedural Posture
Application Under Section 107 of the Proceeds of Crime Act 2002 / Judgment on Application to Vary Confiscation Order
Outcome
Minute granted; confiscation order varied.
Legal Topics
Confiscation Order, Variation of Confiscation Order, Available Amount Recalculation, Criminal Benefit, Heritable Property, Family Home Protection
Criminal Law Proceeds of Crime Confiscation Order Variation of Confiscation Order Available Amount Recalculation Criminal Benefit Heritable Property Family Home Protection

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Parties

Procurator Fiscal, Greenock

Applicant

David Rush

Respondent

Procedural Posture

Application Under Section 107 of the Proceeds of Crime Act 2002 / Judgment on Application to Vary Confiscation Order

Legal Issues

  1. 1 Whether the confiscation order against the respondent should be varied to include the value of heritable property inherited from his mother
  2. 2 Whether it is just to vary the order given the passage of time and the respondent's arguments regarding settlement and disclosure of assets

Ratio Decidendi

The respondent, as sole beneficiary, held an interest in heritable property at the relevant time and failed to disclose it. The legislative framework allows recalculation of available assets and variation of the confiscation order to reflect the true extent of assets, regardless of delay or prior settlement offers. It would not be just to allow concealment of assets to defeat the purpose of the legislation.

Court Disposition

Minute granted; confiscation order varied.

Orders

  • A new confiscation order is pronounced in the sum of £36,213.17 against David Rush.