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.

Please click here to view the full version of the Briefing ‘R v Waya - Applying proportionality to confiscation proceedings'.

We hope the briefing will be of interest to you.

Our full list of Briefings & Articles is available on our website

Stephen Platt & Associates LLP focus exclusively on Governance, Risk, Compliance and Regulatory issues for the financial services industry and regulators, globally.


Stephen Platt & Associates LLP, PO Box 711, 2 Mulcaster Street, St Helier, Jersey, JE4 0PR, Channel Islands
Tel: +44 (0) 1534 871701
Fax: +44 (0) 1534 615988

Stephen Platt & Associates LLP, 218 Strand, London, WC2R 1AT
Tel: +44 (0) 20 7125 0417