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.
Judges:
Mummery, Rix, Carnwath LJJ
Citations:
Times 14-Mar-2005
Jurisdiction:
England and Wales
Human Rights, Criminal Practice
Updated: 16 May 2022; Ref: scu.223985
