ACCOMPLISHING HUMAN RIGHTS JUSTICE IN THE CONTEXT OF ASSETS CONFISCATION: AN EVALUATION OF THE UNITED KINGDOM DRUG LAWS ENFORCEMENT

  • Kato Gogo KINGSTON University of East London, School of Law, United Kingdom

Abstract

It is estimated that crude oil, tourism and illicit drug trade are among the top five most financially inducing business in the world. Drug cartels conducts sophisticated and well organised activities including money laundering and monitoring of large networks of their couriers. In past the decade, the United Kingdom has incurred large expenditure on the treatment of drug related illnesses and, on the enforcement of drug control laws. Several drug laws are enacted to dealing with the waves of illicit drugs in the country. There is controversy over the ways by which the properties of the drug traffickers and suspected drug dealer, are seized by the State; in order to seize anyone’s private property prior to commencement of legal proceedings to effect permanent forfeiture, the law enforcement agencies are only required to show ‘probable cause’ that the property being seized is acquired with the profit of drug crime alternatively, that the property facilitates drug criminal activities. Using data from academic materials and United Kingdom case laws, the paper argues that the United Kingdom drug trafficking laws particularly the enforcement of ‘civil asset recovery’ under the Proceeds of Crime Act 2002 and, the ‘Criminal confiscation’ under the Drug trafficking Act 1994 violates the International Human Rights Laws.

References

[1] Annan, K. 1998. Excerpt of statement at the UN Secretary General at the opening of the Twentieth Session of the General Assembly, Devoted towards countering drug Problem, 8-10 June
[2] Burgess, R. 2003. Disrupting crack markets: A practice Guide; Drug Strategy Directorate (DSD), Home Office, London.
[3] Dorn, N. (ed). 1999. Regulating European Drug Problems: Administrative Measures and Civil Law in the Control of Drug Trafficking, Nuisance and Use, Netherlands: Kluwer Law International.
[4] Dorn, N. 2004. UK Policing Of Drug Traffickers And Users: Policy Implementation In The Contexts Of National Law, European Traditions, International Drug Coventions, And Security After 2001; Journal of Drug Issues, Summer.
[5] Guardian Newspaper. 2005. Revealed: How Drugs War Failed, July 5.
[6] Green, P. (ed). 1996. Drug Couriers A New Perspective, The Howard League Handbooks. Quartet Books.
[7] Green, P., Mills, C., and Read, T. 1994. The Characteristics and sentencing of illegal drug importers; Britt. J. Criminal. 34 (4): 479-486.
[8] Hammond, N.1994. The Value of Pre-sentence Reports on Foreign Nationals, Middlesex Probation Service: Cropwood Fellowship, University of Cambridge.
[9] Hammond, N. 1995. PSRs on Foreign Drugs Traffickers: Present and Future, Probation Journal: 17-23, March.
[10] Hammond, N. 1996. Turning the Clock Back: The implication for Pre-Sentence Reports of the criminal Justice and Public Order Act 1994, in Green P (ed). Drug Couriers: A New Perspective, The Howard League Handbooks. Quartet Books.
[11] Henham, R. 1994. Criminal Justice and Sentencing Policy for Drug Offenders; 22, International Journal of the Sociology of Law 223: 225.
[12] Home Office. 1989. Drug Trafficking and Serious Crime, Volume 1, House of Commons, Home Affairs Committee, Seventh Report, 8 November.
[13] Home Office. 2004. The Drug Treatment and Testing Order: Early lessons, A Report by the Comptroller and Auditor General, HC 366 Session 2003-2004: 26 March.
[14] Kingston, K. 2006. (Unpub) An Analytical Assessment of the United Kingdom Drug Trafficking Laws, A dissertation submitted in partial fulfilment of the requirements of the Master of Laws (LLM) degree at the School of Law, University of East London, England, September.
[15] Lea, J. 2004. Hitting Criminals Where It Hurts: Organised crime and the erosion of due process, Cambrian Law Review (30): 81-96.
[16] Liberty. 2001. (National Council for Civil Liberties), Proceeds of Crime: Consultation on Draft Legislation; May.
[17] Roe, S. 2005. Drug Misuse Declared: Findings from the 2004/05 British Crime Survey England and Wales, Home Office Statistical Bulletin, October.
[18] Runciman, Viscountess .1999. Drugs and The Law, Report of the Independent Inquiry Into The Misuse of Drugs Act 1971, the Police Foundation document, Home Office, London.
[19] Tarzi A, and Hedges J. 1990. A study of Foreign Nationals: A prison within a prison, Inner London Probation Service.
[20] Tiggey, M., Harocopos, A., Turnbull, P. J., and Hough, M. 2000. Serving Up: The impacts of low-level Police Enforcement on Drugs Market, Police Research Series Paper 133, November. Online at http://rds.homeoffice.gov.uk/rds/prgpdfs/prs133.pdf [accessed 1/7/06 and 9/11/2010].
[21] Willoughby, D. 1988. Cocaine, Opium, Marijuana: Global Problems, Global Response, New York: USIS, (1): 1-17.

Cases
 Allenet de Ribemont v France A 308 (1995) 20 EHRR 557.
 Brown v HM Advocate [1966] SLT 105.
 de Freitas v Ministry of Agriculture [1998] 3 WLR 675.
 Matthews v UK [1999] ECHR 24833/94.
 R v Aramah [1982] 4 Cr. App R (S) 407.
 R v Belinski (1987) 9 Cr App R (S) 360.
 R v Dickens (1990) 12 Cr App R (S) 191.
 R v Winters [2008] WLR (D) 387.
 R v Oakes [1986] 1 SCR 103.
 R v Briggs-Price [2009] UKHL 19.
 R v Aroyewuni [1994] Crim. LR 695.
 R v Gallagher (1990) 12 Cr App R (S) 224.
 R v Jones (1981) 3 Cr App R (S) 51.
 R v Lambert and others [2001] 2 WLR 211.
 R v Michael Tivnan [1998] EWCA Crim 1370.
 R v Montila and others [2003] EWCA Crim 3082.
 Teixera de Castro v Portugal 28 EHRR 101.
 United States v. La Vengeance 3 Dallas 297 (1796).
 Van Mechelen v Netherlands 25 EHRR 647.
 Woolmington v DPP [1935] AC 462, 48.
Published
2017-02-11
How to Cite
KINGSTON, Kato Gogo. ACCOMPLISHING HUMAN RIGHTS JUSTICE IN THE CONTEXT OF ASSETS CONFISCATION: AN EVALUATION OF THE UNITED KINGDOM DRUG LAWS ENFORCEMENT. Journal of Advanced Research in Law and Economics, [S.l.], v. 2, n. 1, p. 9-17, feb. 2017. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/625>. Date accessed: 29 apr. 2024.

Keywords

drugs, Human Rights, UK laws, criminal property