Mckinsley v Crown Prosecution Service: CA 25 Jul 2006

The defendant had been made subject to a confiscation order. He now sought a certificate of inadequacy.
Held: The appeal failed. The procedure for obtaining a certificate of inadequacy related only to circumstances arising following the confiscation order. The Acts provided a proper avenue of appeal against the order itself, and the use of this procedure in these circumstances risked becoming an abuse of the court process.

Citations:

[2006] EWHC 1092 Civ, Times 22-Aug-2006

Links:

Bailii

Statutes:

Drug Trafficking Act 1994 17

Jurisdiction:

England and Wales

Criminal Practice

Updated: 07 July 2022; Ref: scu.243420