Campbell v Bromley Magistrates' Court

Criminal law – Proceeds of crime. Section 298 of the Proceeds of Crime Act 2002 did not require, as a gateway for forfeiture, that cash had been properly detained under s 295. The Court of Appeal, Civil Division, further held that, if, in relation to the factual matters in s 298(2), it was relevant to a respondent's defence to explore matters which arose in the earlier stages of the process, he had to be permitted to do so, but it was impermissible to explore such matters simply with a view to challenging the legality of the earlier stages of the process.

Category: