ADMISSIBILITY OF FRESH EVIDENCE TO EXPLAIN INADEQUATE EVIDENCE

A judge making a confiscation order had been entitled to assess an offender’s benefit from criminal conduct as including hidden assets where the offender had given no positive evidence that the assets were no longer under his control. There was no rational basis on which to admit a witness’s fresh evidence on appeal for the purposes of trying to explain inadequacies in his earlier evidence.

[2013] EWCA Crim 40