National Crime Agency v Davies

Queen's Bench Division, Administrative Court, Mrs Justice McGowan, 25 April 2016

Proceeds of crime - Civil recovery proceedings - Property freezing order - Disclosure order - Setting aside orders for non-disclosure - Proceeds of Crime Act 2002, sections 245A and 357

The three applicants were acquitted of conspiracy to defraud mortgage lenders by providing false income details after a trial at Bristol Crown Court in 2013. The prosecution case was stopped because staff at the lending institutions explained that the representations about income had been immaterial in their decision to grant the mortgages. Following the acquittals, the police referred the case to the respondent which commenced a civil recovery investigation under Part 5 of the Proceeds of Crime Act 2002 (POCA). As part of this investigation, on 16 January 2016 the respondent obtained from the High Court property freezing orders under section 245A of POCA. The respondent also obtained disclosure orders under section 357 of POCA which authorised it to require the applicants to answer questions, provide information and/or produce documents with respect to any matter relevant to the confiscation investigation.