COURT DEALS BLOW TO SEIZURE OF DRUG ASSETS

Government attempts to crack down on the drugs trade by seizing the assets
of convicted dealers were dealt a severe blow yesterday when a Scottish
court ruled confiscation orders were in breach of human rights law.

A panel of three judges at the court of appeal in Edinburgh ruled that the
orders contravened the European convention on human rights as they required
convicted criminals to prove they had made their money lawfully.

The three judges said that this took away the presumption of innocence, but
a spokesman for the crown office said it was considering an appeal.

The ruling was made after lawyers acting for Robert McIntosh, a convicted
drug trafficker, challenged a confiscation order which was made under the
Proceeds of Crime (Scotland) Act.

McIntosh, 38, from Greenock, was jailed for four years at the high court in
Paisley in June 1999 after pleading guilty to supplying heroin.

A spokesman for the Scottish executive said it would continue its drive to
confiscate profits made on the back of illegal activity, and in the light of
yesterday's ruling, would look at ways of amending current legislation.