Michael Newbold

Court of Appeal rules on mutual recognition

The Court of Appeal handed down judgment on 26 March in the case of Regina v Paul Moss [2019] EWCA Crim 501, upholding a decision of the Crown Court at St Albans to certify a confiscation order for enforcement in Spain.

In an important judgment on the mutual recognition of confiscation orders pursuant to the Criminal Justice and Data Protection (Protocol No.36) Regulations 2014 and EU Council Framework Decision 2006/783/JHA, the Court held that it was unnecessary for the Crown to make its certification application at the confiscation hearing and that the Regulations had retrospective effect.

The Court also held that it was unnecessary for the Crown to trace tainted funds into the assets against which it sought execution of the confiscation order.

Michael Newbold acted for CPS Proceeds of Crime in the Crown Court. In the Court of Appeal he was led by Jonathan Hall QC.