- Confiscation and compensation orders following private prosecutions (R v Somaia)
- Original news
- What was the background to the appeal and what issues did this case raise in relation to making confiscation and compensation orders following private prosecutions?
- What were the main legal arguments put forward and what did the Court of Appeal decide?
- The case concerned a confiscation order made under the old CJA 1988 confiscation provisions. Would this issue arise under the current POCA 2002 confiscation provisions?
- To what extent is the judgment helpful in clarifying the law in this area?
- What are the implications for corporate crime lawyers? What practical lessons can those advising take away from this case?
Corporate Crime analysis: Can a private prosecutor initiate confiscation proceedings and if so, under what circumstances is this permitted? Ashley Fairbrother, solicitor at Edmond Marshall McMahon, examines the issues in R v Somaia and says that private prosecutors are able to pursue confiscation proceedings and are not irredeemably conflicted in doing so.
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