News
In March, the House of Lords in London heard appeals in three similar cases,
one of which was handled by Bayley Law. All three cases concerned the interpretation of the
law relating to the confiscation of the assets of someone convicted of criminal conduct.
At present, the law takes an extremely wide view of what constitutes a person’s “benefit”
from such conduct. For example, Defendant A, accused of fraud, may only have been paid a
modest wage for his part in a scheme to evade the duty on imported cigarettes worth £5million.
However, the law says his “benefit” amounts to the full £5million and he therefore stands to lose
his home and everything he owns.
The House of Lords has been asked to rule that “benefit” should be limited to what the ordinary
person in the street would understand is meant by that word. A decision is expected soon,
and is eagerly awaited by criminal lawyers throughout the country.