Visit UKSCJCPC/2018/0041
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CONSTITUTIONS
Williams (Appellant) v The Supervisory Authority (Respondent) (Antigua & Barbuda)
Case summary
Case ID
JCPC/2018/0041
Jurisdiction
Antigua and Barbuda
Parties
Appellant(s)
Ahmed Williams
Respondent(s)
The Supervisory Authority
Issue
The central issue in this appeal is whether the civil asset forfeiture regime contravenes fundamental rights enshrined in the Constitution of Antigua and Barbuda.
Facts
On 26 May 2008, the Appellant was found guilty of an offence contrary to section 12(1) of the Misuse of Drugs Act. Shortly thereafter, the Respondent obtained an interim freezing order in respect of certain property belonging to the Appellant (the "Property"). On 5 August 2009 the Respondent applied for civil forfeiture (confiscation) of the Property. The Appellant resisted this application on the basis that the Property was not acquired with the proceeds of criminal activity and that the civil forfeiture proceedings were unconstitutional.On 24 December 2009 the Money Laundering (Prevention) (Amendment) Act 2009 came into force, making a section 12(1) offence a money laundering offence. On 10 September 2015 the civil forfeiture order requested by the Respondent was granted. The Appellant appealed to the Court of Appeal, contending that the civil forfeiture order contravened his fundamental constitutional rights. The Court of Appeal dismissed the appeal.
Date of issue
10 April 2018
Judgment details
Judgment date
8 June 2020
Neutral citation
[2020] UKPC 15
Judgment links
Appeal
Justices
Hearing dates
Start date
6 February 2020
End date
6 February 2020
Watch hearings
6 February 2020 - Morning session
6 February 2020 - Afternoon session
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Last updated 9 May 2024