HM Advocate v Burns (Thomas Fowler) (Sentencing)

January 30, 2009 | No Comments

The Crown applied under Section 1 of the Proceeds of Crime (Scotland) Act 1995 for a confiscation order against the accused, who had been convicted of drug trafficking offences and sentenced to two years’ imprisonment.  The accused’s former wife entered the process and relied upon her rights under Article 8 and Article 1 Protocol 1 to seek an order excluding her property from the scope of any confiscation order made.    The Crown alleged that the former wife held items of property (including her home, her car and funds in a bank account) which fell to be treated as implicative gifts from ex-husband and hence potentially realisable in settlement of any confiscation order.    The order was granted by the court over the wife’s objections.

Full report available here.

[1] HM Advocate v Burns (Thomas Fowler) (Sentencing), 2001 JC 1

Art. 08 Right to Private and Family Life, Criminal Law and Criminal Procedure, Protocol 1, Art. 1 Right to Private Property

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.