||All England Reporter
|| All ER (D) 159 (Oct)
|| EWCA Crim 2202
||Court of Appeal, Criminal Division
Rix LJ, The Recorder of Bristol and Sir Ian Kennedy
||Peter Kelson QC, David Thomas, Alexander Dos Santos and Catherine Pattison (instructed by Attridges) for the defendant.
||David Farrer QC and David Matthew (instructed by the Crown Prosecution Service) for the Crown.
||11 October 2002
Sentencing - Confiscation order - Postponement of determination proceedings - Prosecution failing to serve valid notice of confiscation proceedings until after defendant being sentenced - Judge thereafter proceeding to final hearing and making confiscation order against defendant - Whether judge having jurisdiction to act upon notice in circumstances - s 72(1).
A notice served under s72(1) of the was a condition precedent not only to the making of a confiscation order under that provision but also to the initiation of the whole procedure. In the absence of such a valid notice a court had no inherent jurisdiction to initiate the procedure.
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