The defendant appealed against a confiscation order, made on the basis of evidence secured from a probe installed in his car. He had made clear that he disputed the recordings. A second judge had inherited the proceedings, and ruled that he could not challenge the recordings.
Held: There is no authority for the proposition that by pleading guilty and declining to challenge the prosecution evidence in a Newton hearing, the defendant accepted all the prosecution evidence for the purposes of the confiscation process. The judge’s ruling that the appellant was not entitled to challenge the authenticity of the recordings or the inferences to be drawn from them was wrong in law.
Moses LJ, Hedley, Russell JJ
 EWCA Crim 1363, Times 17-Aug-2009,  1 WLR 435,  1 Cr App R (S) 75
Police and Criminal Evidence Act 1984 78, Regulation of Investigatory Powers Act 2000
England and Wales
Cited – Regina v Tolera CACD 7-Apr-1998
A defendant asking to be sentenced on a factual basis other than the prosecution sought, should first put the basis in writing. Where the differences might affect sentence then a Newton hearing would be appropriate. Where a defendant’s account, as . .
Cited – Edwards, Regina (on the application of) v Environment Agency HL 16-Apr-2008
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate.
Held: The Agency had been justified in allowing the application . .
Cited – Regina v Rezvi HL 24-Jan-2002
Having been convicted of theft, a confiscation order had been made against which the appellant appealed. The Court of Appeal certified a question of whether confiscation provisions under the 1988 Act were in breach of the defendant’s human rights. . .
Cited – Lunnon v Regina CACD 5-May-2004
The Crown had conceded that the appellant had had no prior involvement in drug-trafficking before the conspiracy in question which led to the confiscation proceedings.
Held: Such a concession should not be ignored unless and until it was . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 November 2021; Ref: scu.347692