ABSTRACT

In April 2016, shortly after the Panama Papers exposed the dubious dealings of the offshore finance industry and its links to the UK, the government released the Action Plan for anti-money laundering and counterterrorist finance. In the UK courts, the application of the privilege against self-incrimination in unexplained wealth orders (UWOs) proceedings has been discussed to a limited extent in the Hajiyeva case. According to the High Court, parliament abrogated the privilege against self-incrimination by creating the legal instrument of UWOs. UWOs can only be used under the statutory safeguard that statements in response to such order cannot be used in evidence against the respondent in criminal proceedings. Finally, there seems to be a desperate need for a cultural change in relation to illicitly acquired assets of high net worth individuals that are invested in UK property.