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On appeal from [2015] 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.

For judgment, please download: [2016] UKSC 65
For Court’s press summary, please download: Court’s Press Summary 
For a non-PDF version of the judgment, please visit: BAILII

To watch the hearing, please visit: Supreme Court Website