The defendant faced confiscation proceedings. The judge gave instructions to the listing office to give a later date for the hearing. The defendant said that the delay took the case out of the court’s jurisdiction to make an order.
Held: The judge’s act was in itself a valid postponment so as to extend the time limits.
Judges:
Lord Judge CJ, David Clarke, Lloyd Jones JJ
Citations:
[2010] EWCA Crim 1011, [2010] WLR (D) 116, [2010] 1 WLR 2395
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Soneji and Bullen HL 21-Jul-2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . .
Cited by:
Cited – Guraj, Regina v SC 14-Dec-2016
The defendant had pleaded to charges of possession of drugs with intent to supply. He was sentenced, but then the prosecutor was 14 months’ late serving its notice with regard to the confiscation order under section 16. The crown now appealed . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 02 September 2022; Ref: scu.414596