The defendant having pleaded guilty to a serious drugs offence now appealed a confiscation order. He claimed that he had been misled that the prosecution would not request an inquiry for this purpose, and during the course of the hearing the prosecution changed its mind, and that the defendant having been sentences the section no longer allowed such an inquiry, unless the judge had explicitly postponed the decision.
Held: The Act required a clear indication from the judge that this was his intention. Appeal allowed.
Judges:
Lord Justice Potter Mr Justice Stanley Burnton And The Recorder Of Manchester
Citations:
[2001] 2 Cr App R (S) 109, [2001] EWCA Crim 560
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Rayner CACD 27-Jul-1999
. .
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 Sentencing
Updated: 29 August 2022; Ref: scu.158751
