The prosecutor appealed against a refusal by the judge to make confiscation orders. The defendants had benefitted from their conduct but had dissipated it all, and were found by the Crown to have no assets. The judge found this to be an exceptional circumstance.
Held: The judge had erred, and should have made the order. The fact that there were presently no assets and that the defendants might suffer hardship as a result of an order did not justify an order being withheld. Parliament had not intended that hardship for the defendant should count as an exceptional circumstance.
Judges:
Latham LJ, Forbes, Simon JJ
Citations:
Times 08-Aug-2006
Statutes:
Criminal Law Act 1977, Misuse of Drugs Act 1971, Proceeds of Crime Act 2002 31
Jurisdiction:
England and Wales
Criminal Practice
Updated: 01 April 2022; Ref: scu.244207