Adams v Crown Prosecution Service

Court of Appeal (Civil Division), [2017] EWCA Civ 185, Lord Justice Longmore, Lord Justice Hamblen and Lord Justice Irwin, 16; 27 March 2017

Proceeds of crime - Certificate of inadequacy - Findings in the Crown Court - Whether binding - Hidden assets - Criminal Justice Act 1988, section 83.

This case provides a useful re-statement of the principles applicable when a defendant seeks a reduction in their confiscation order on the basis that their assets are insufficient to pay it. Although the statutory provision under consideration was section 83 of the Criminal Justice Act 1988 (because of the age of A's offences), those principles are equally applicable to applications for a reduction in a confiscation order made under section 23 of the Proceeds of Crime Act 2002. It is sometimes overlooked that the section 83 procedure had two parts; an application to the High Court under section 83(1) for a "certificate of inadequacy", and, if that was granted, an application to the Crown Court under section 83(4) for a reduction in the confiscation order. Section 24 POCA amalgamates those two stages into a single application before the Crown Court, but the principles applicable under the old law remain applicable under POCA.