In re Sagger (Confiscation order: Delay): CA 24 Feb 2005

The defendant had been convicted of drug trafficking and made subject to a confiscation order. Several years later the Commissioners sought a further confiscation order. He appealed the order, saying that it had infringed his right of a fair trial within a reasonable time.
Held: Where the state reserved to itself a continuing right to make a confiscation order, the reasonable time requirement applied throughout that period. The statute made it clear that the fixing of an amount left open without limitation of time, the possibility of a reassessment of the amount payable. The statute itself required the court to satisfy itself that there had been no undue delay. The reasonable time rights were engaged. A section 16 certificate allowing the matters to be re-opened would be issued so that the court could look again at all issues including whether the reasonable time requirement had in fact been infringed by the delay.


Mummery, Rix, Carnwath LJJ


Times 14-Mar-2005


England and Wales

Human Rights, Criminal Practice

Updated: 16 May 2022; Ref: scu.223985