R v Arturas Jusas

On a prosecution appeal concerning confiscation, sums proved to belong legitimately to a third party must be excluded from the confiscation calculations. The benefit figure and the amount payable must be reduced to reflect that interest. The Court of Appeal may vary the confiscation order where the relevant evidence was not taken into account when the original order was made.

The respondent had pleaded guilty to conspiracy to assist unlawful immigration and was later made subject to a confiscation order by the Crown Court at Chelmsford. The prosecution applied for leave to appeal under the Proceeds of Crime Act 2002 and to adduce agreed fresh evidence. The evidence established that £14,500 seized from a locked cupboard belonged to a third party and had a legitimate source. The central issue was whether the benefit figure and amount payable should be reduced to reflect that third-party interest.

1. Leave and jurisdiction. The court granted leave to adduce the agreed fresh evidence and leave to appeal. Its jurisdiction derived from section 31(1) of the Proceeds of Crime Act 2002. Under section 32(1), it could confirm, quash or vary the confiscation order.
2. Third-party interest. The seized cash included £14,500 which had been found in a locked cupboard at the relevant flat. Evidence from the owner established a legitimate source for that money. The National Crime Agency accepted that it belonged to a third party and should be returned. The third-party interest had not been reflected when the original confiscation order was calculated.
3. Adjustment of the order. The court was satisfied that the benefit figure and the amount payable should each be reduced by £14,500. Taking account of other adjustments already made, the benefit figure was amended from £3,617,410.17 to £3,602,910.17, and the amount payable from £654,382.47 to £639,882.47.
4. Disposition. The appeal was allowed. A new confiscation order was made certifying the amended benefit figure and amount payable.

• Court of Appeal (Criminal Division): The prosecution was granted leave to adduce fresh evidence and to appeal. The appeal was allowed and a new confiscation order was made: [2025] EWCA Crim 1444.
• Crown Court at Chelmsford: A confiscation order was made on 5 September 2024. It was subsequently varied to extend the time for payment and to reduce the amount payable.