Cash forfeiture and the meaning of draconian
I was due to represent a client in a cash forfeiture hearing this week, although it has been called off at the last minute. But, I thought I’d take the opportunity to say a few words about these proceedings. The point of the various financial seizure/forfeiture/confiscation orders is for the authorities to deprive criminals of cash found in their possession. There are a few ways this can be done. Confiscation proceedings follow a conviction for certain offences, such as drug dealing, money laundering, etc. Put very simply, in confiscation proceedings the prosecution must show that a) the convicted criminal has benefited from crime to a value of X; and b) that he has realisable assets (in other words has cash or can sell goods) to the value of Y. The court will then make an order that the defendant owes X but that he must pay Y wherever X is greater than or equal to Y. Obviously if he can pay the total benefit figure (X) then he must pay that...
Ha ha. Brilliant.
ReplyDeletewhat about no penalty ie fine or prison imposed without a hearing
ReplyDeleteTwo things, first I think that's contained in the 1297 version rather than the one signed by King John in Runnymede that is usually cited. While it is technically still in force, it lacks any real bite today partly because it was only ever intended to grant protections to the Barons rather than to the common man and because it is actually pretty vague. Secondly, that clause requires no punishment to be imposed "... but by lawful judgment of his Peers, or by the Law of the Land." The Justices of the Peace Act 1361 also provides that punishment shall be administered only in accordance with the law. The far more recent and enforceable European Convention on Human Rights, as enacted by the Human Rights Act 1998 provides far stronger protections in Articles 4, 5, 6, 7 , 8, 9, 10 and 11 than any version of Magna Carta or the JPA 1361 grants.
DeleteAlso, this may be a crass point but if you rely on the HRA in court nobody will laugh at you. Although, in my experience you should bring a pile of textbooks that you can lend to the judge because they often seem unfamiliar with the whole thing.
But Forest Law is so important. I need to collect firewood for my woodburner and not have my ears chopped off for disturbing the King's deer!
ReplyDeleteHi Linda. Yes I am a fuckwit and would like to buy some of your made-up bollocks. Shall I send you all my personal and financial details now, or would you prefer to reel me in a bit with your so convincing gobshite? D
ReplyDelete