Re-opening Confiscation Orders: R v Jacob [2025]

In the case of R v Jacob (formerly Oyebola) [2025] EWCA Crim 759, the Court of Appeal Criminal Division considered applications to re-open previous confiscation proceedings under the Proceeds of Crime Act 2002 (POCA).

Background

Mr Jacob was convicted in 2011 at Wood Green Crown Court of offences including furnishing false information in mortgage applications, transferring criminal property, converting criminal property, and possessing a false identity document. He received a total sentence of 4 ½ years' imprisonment. In separate proceedings, he was convicted of handling stolen goods and sentenced to an additional 3 ½ years.

On 13 April 2012, a confiscation order was made with a benefit figure of £1,503,325.78 and an available amount of £666,994.97. This order was varied on multiple occasions:

• 23 July 2013: Benefit figure reduced to £1,108,944.78; available amount to £601,241.95.

• 8 January 2016: Available amount reduced to £597,181.95.

• 3 October 2017: Available amount reduced to £368,354.72.

• 13 February 2018: Benefit figure reduced to £816,514.78.

The 2025 Applications

Two sets of applications were before the Court:

(A) The Crown's application to reduce the benefit figure further, either through the Court's inherent jurisdiction or by way of an out-of-time appeal under section 31 of POCA, seeking to amend the benefit figure to £514,175.78.

(B) Mr Jacob's applications to re-open previous appeals against his convictions and confiscation orders pursuant to Crim PR Part 36.15 and/or the Court's inherent jurisdiction.

The Court's Findings

The Court noted errors in the inclusion of two properties, 6 Hanover Lodge and Flat 4, 25 Telford Avenue, in the benefit figure and an incorrect valuation for Ashbourne Avenue. The Court determined:

• The 2013 confiscation appeal would not be re-opened as it was overtaken by the 2018 confiscation appeal and did not result in injustice.

• The 2018 confiscation appeal would be re-opened to correct the benefit figure.

The benefit figure was revised to £514,175.78. The available amount remained at £368,354.72.

The Court dismissed Mr Jacob's applications to re-open his conviction appeals and the 2013 confiscation appeal, finding no exceptional circumstances or injustice that required intervention.

Legal Basis

The Court referred to Crim PR Part 36.15 and the inherent jurisdiction established in cases such as Powell [2016] EWCA Crim 1539 and Gohil [2018] EWCA Crim 140. The jurisdiction to re-open appeals is confined to exceptional cases where real injustice would otherwise result and no alternative remedy is available.

Confiscation appeals are not within Crim PR Part 36 but the inherent jurisdiction remains available.

Conclusion

The Court allowed the Crown's and Mr Jacob's applications solely in respect of the 2018 confiscation appeal, adjusting the benefit figure. All other applications were dismissed.