Tracing and confiscating illicit proceeds: the perspective of the defence

Abstract

This article examines developments in the seizure of criminal assets with a particular emphasis on the UK legislative history of the forfeiture of criminal proceeds, as well as focusing on the increasing importance of international asset-tracing and the need for mutual legal assistance in preventing and reducing the impact of cross-border crime. The legal history of UK legislation is traced up to the recent developments of the Proceeds of Crime Act 2002 and Serious Crime Act 2007, with their respective improvements to the pre-existing legislation and current vulnerabilities discussed. The article examines the orders and powers under those provisions in detail (both in the criminal and civil law context), before then relating these to a more international perspective, with analysis of the EU’s increasing trend towards mutual legal assistance. The article finally reflects on the balance between the cost and benefit to the public interest in pursuing forfeiture of criminal assets.