9 December 2013

William Hays in Regina v Fields leading confiscation case concerning the permissibility of "multiple recovery" in joint benefit cases, post Regina v Waya

William Hays in Regina v Fields leading confiscation case concerning the permissibility of "multiple recovery" in joint benefit cases, post Regina v Waya

The Court considered whether in multi-handed proceedings for confiscation the European Convention might require the court to ‘apportion’ the confiscation orders in order to avoid a disproportionate result. In particular it was argued that where benefit was jointly obtained by co-defendants, confiscation orders in the ‘full amount’ would lead to multiple recovery by the State, which was said to be contrary to principle and contrary to what was held by the Supreme Court in Regina v Waya. The Court of Appeal rejected this argument with the result that confiscation orders in the sum of c. £1.6 million remained.

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