The making of a confiscation order is part of sentencing. Such an order might be delayed provided the determination was made within six months of conviction. If in the circumstances of the case of an adjournment beyond that period was necessary, whether or not the information gathering process had been completed, an extension of time could be given without invalidating the later order. The two statutory schemes for making such determinations can be reconciled. There was no need to make such a ruling on each occasion the matter was adjourned, once an initial order had been made.
Citations:
Times 11-Jan-2001, [2000] EWCA Crim 70, [2001] 2 Cr App R(S) 178
Links:
Statutes:
Drug Trafficking Act 1994 3(1) 3(4)
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Soneji; Regina v Bullen CACD 20-Jun-2003
If the court could only postpone confiscation proceedings in exceptional circumstances, it behoved the court before allowing such an adjournment to enquire into the justification, and to record the circumstances which made it exceptional. The . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Crime
Updated: 04 October 2022; Ref: scu.158720