New Judgment: R v Guraj  UKSC 65
14 Wednesday Dec 2016
On appeal from  EWCA Crim 305
This appeal considered, where a deprivation or forfeiture order is wrongly made during a period of postponement of confiscation proceedings (contrary to Proceeds of Crime Act 2002, s 15(2)), whether the effect of s 14(12) is that a subsequent (and substantial) procedural error may in itself deprive the court of jurisdiction to make a confiscation order. The Supreme Court unanimously allowed the Crown’s appeal, holding that no unfairness had arisen in consequence of the irregularities which occurred, and there was no obstacle to the making of the confiscation order. This was because the dominant purpose of the Proceeds of Crime Act 2002 was to make confiscation the duty of the court and it would defeat the purpose of the confiscation legislation if orders were treated as bad simply because there had been a failure to comply with procedural provisions laid down for postponement.
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