Clarke v Regina: CACD 12 Jun 2009

The defendant had pleaded guilty to concealing criminal property. He was conditionally discharged but also made subject to a confiscation order. He appealed saying that one could not be made if only a conditional discharge was imposed.
Held: The defendant’s appeal succeeded. The court examined the history of the conditional discharge provided by counsel, and concluded that the Crown Court has no power to make to make a confiscation order against a defendant following conviction for an offence if he or she receives an absolute or conditional discharge for that offence. It was inappropriate to punish a defendant by imposing a confiscation order in a case in which (by virtue of the fact that a conditional discharge had been imposed) the court thought that punishment was inexpedient.
Lord Justice Hooper, Mrs Justice Cox and Judge Stokes, QC
[2010] 1 WLR 223, [2009] EWCA Crim 1074, Times 01-Jul-2009, [2009] 4 All ER 298, [2010] Crim LR 61, [2009] WLR (D) 188, [2009] 4 All ER 298
Bailii, WLRD
Proceeds of Crime Act 2002, Powers of Criminal Courts (Sentencing) Act 2000 12
CitedRegina v Akan 1972
A recommendation for deportation was not a disqualification or disability within the meaning of section 12(2) of the 1948 Act. . .
CitedTaylor and another v Saycell KBD 1950
The respondents had been convicted by the magistrates of using a vehicle without insurance. They were fined and disqualified from holding a licence for 12 months. The Crown Court quashed their fines and disqualifications and substituted conditional . .
CitedBriggs-Price, Regina v HL 29-Apr-2009
The applicant appealed against a confiscation order made on the basis of evidence obtained for and given in a trial that he had profited from the importation of cannabis. He had not faced trial on an associated charge, but had been convicted of . .
CitedRegina v Hunt 1978
It was wrong in law to couple an order for conditional discharge with an order of deprivation. . .
CitedLongworth, Regina v HL 26-Jan-2006
The appellant had been given a conditional discharge for possession of one indecent photograph of a child on his computer. He challenged being placed on the sex offenders’ register.
Held: The proceedings did not involve, or have as any part of . .
CitedRegina v Savage 1983
The Court quashed a deprivation order made against a defendant who had been conditionally discharged: ‘On March 28, 1983 at the Crown Court in Manchester, the appellant pleaded guilty to three counts of handling stolen goods and was sentenced to a . .
CitedRegina v Young 1990
Certain punitive orders may not be made in conjunction with a conditional discharge because if punishment is inexpedient, it is inappropriate to couple it with a punitive order. . .
CitedRegina v Secretary of State for the Home Department, ex parte Thornton 1986
A police officer for the purposes of disciplinary proceedings had been ‘found guilty by a court of law of a criminal offence’ following a plea of guilty to an offence of wasting police time, albeit that he was subsequently conditionally discharged . .

Cited by:
CitedWilkinson, Regina v CACD 11-Dec-2009
The court considered the effect of the decision in Clarke, and concluded that if the court is not permitted to make a confiscation order together with an order for conditional discharge, it may then become necessary to impose a different, more . .
CriticisedRegina v Magro CACD 8-Jul-2010
Each defendant appealed against confiscation orders made when the sentence imposed was an absolute or conditional discharge. They said that Clarke made such orders unlawful.
Held: The decision in Clarke was a difficult limitation on the . .
CriticisedVarma, Regina v SC 10-Oct-2012
The defendant had been convicted of offences under the 1979 Act, but then conditionally discharged. He had appealed against a confiscation order. The prosecutor now appealed against an order quashing the confiscation.
Held: The appeal was . .

These lists may be incomplete.
Updated: 16 February 2021; Ref: scu.347226