Briefing - R v Waya - Applying proportionality to confiscation proceedings

In this important decision the UK Supreme Court examined the application of the doctrine of proportionality to confiscation proceedings under the Proceeds of Crime Act 2002 ('POCA').  While the court concluded that it was a requirement under the legislation that any confiscation order should be 'proportionate', this did not mean that it would necessarily be 'disproportionate' to recover from an individual a greater sum than that which he had received in cash terms as a result of his criminal conduct.  In the wake of this decision, POCA remains draconian.

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