The Magistrates committed the defendant to the Crown Court for sentence. In addition to other sentences the Crown Court imposed a confiscation order. The defendant succeeded in an appeal to the Court of Appeal, and the Crown now appealed.
Held: The Crown Court had full power to make such an order. There had been no hiatus in its powers between 1995 and 1998. The power had always been available under section 42 of the 1973 Act.
Judges:
Lord Nicholls of Birkenhead, Lord Browne-Wilkinson, Lord Hobhouse of Woodborough, Lord Millett and Lord Scott of Foscote
Citations:
Gazette 08-Aug-2002, [2002] UKHL 26, [2002] 3 All ER 889, [2002] 2 Cr App Rep 34, [2002] 1 WLR 1966, [2003] 1 Cr App R (S) 63
Links:
Statutes:
Magistrates’ Courts Act 1980 38, Powers of Criminal Courts Act 1973 42, Criminal Justice Act 1988 71
Jurisdiction:
England and Wales
Criminal Sentencing, Magistrates
Updated: 06 June 2022; Ref: scu.174013