The claimant was the wife of an offender sentenced for drug trafficking. An order was made for confiscation of the proceeds of the trafficking. She sought a certificate of inadequacy.
Held: Where she ws not in a position to pay the sum ordered she was entitled to a certificate. The judge had not appreciated that he had a discretion in the matter.
Judges:
Lord Justice Schiemann Lord Justice Sedley Lord Justice Jacob
Citations:
[2003] EWCA Civ 1608, Times 02-Dec-2003
Links:
Statutes:
Drug Trafficking Offences Act 1986 14
Jurisdiction:
England and Wales
Criminal Practice
Updated: 28 June 2022; Ref: scu.187718
