Scottish Court Invalidates Forfeiture Due to Human Rights Violations and Blair Administration Proposes Law Reform

On October 13, 2000, the Appeal Court, High Court of Judiciary in Scotland overturned and invalidated a forfeiture judgment under Section 4(3)(b) of the Misuse of Drugs Act 1971 as a violation of the defendant’s right to be presumed innocent in a criminal case pursuant to Article 6(2) of the European Convention on Human Rights. On December 5, 2000, the Queen’s Speech announced an initiative that will enable British authorities to act quickly to freeze the assets of criminals from outside the UK…[more]