The RCPO appealed against refusal of permission to continue their application for a confiscation order. The defendant had been convicted of conspiracy to supply class A drugs, but said that the application was now out of time.
Held: The appeal failed. Where a confiscation order application was to be made outside the two year time limit, any application for an extension of time to allow this must in the absence of a court order allowing postponment made within the time limit, itself be made within the time limit.
Lord Justice Hooper, Mr Justice Openshaw and Judge Nicholas Cooke, QC
[2010] EWCA Crim 376, [2010] WLR (D) 23, [2010] Crim LR 511
Times, Bailii, WLRD
Proceeds of Crime Act 2002 14 31
England and Wales
Cited by:
Cited – Guraj, Regina v SC 14-Dec-2016
The defendant had pleaded to charges of possession of drugs with intent to supply. He was sentenced, but then the prosecutor was 14 months’ late serving its notice with regard to the confiscation order under section 16. The crown now appealed . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Criminal Sentencing
Updated: 01 November 2021; Ref: scu.401998