Barrister Jonathan Goldring instructed by Bankside Law appeared on behalf of a Ghanian national who was stopped by the UK Border Agency (UKBA) carrying £60,000 in cash. The application made under the civil forfeiture rules meant the UKBA had to show unlawful conduct as defined in Section 241 of the Proceeds of Crime Act 2002.

The UKBA argued they were not (and had never been previously) required in law to point to any particular type or category of criminal activity and that inferences could be drawn from the surrounding circumstances. Jonathan successfully argued that there had to be some evidence of a type of criminal conduct albeit of a generalised nature. Relying on a number of authorities including R v Walker 2010, R v Gale 2009, R v Szepietowski 2007, Jonathan was able to persuade the court that the UKBA had failed to show any unlawful conduct and the forfeiture application was refused with costs awarded.

 

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