ABSTRACT
The legislation does not contain express provisions for the variation and discharge of a unexplained wealth order (UWO) made in England and Wales and Scotland. The process may be draconian but the exacting criminal due process rights enshrined in Article 6(2) and (3) of the European Convention of Human Rights, such as innocence until guilt is proven, are not engaged as a UWO is a civil order and the civil recovery regime is distinct from criminal proceedings. For a UWO to be ordered in relation to particular property and compel the respondent to explain themselves, the respondent must hold the property. To properly respond to a UWO, the respondent must truthfully explain the provenance of the property that is the subject of it. The financial information provided in answer to a UWO might otherwise have taken longer to gather or may not have been obtained at all, particularly if overseas assistance was required.
