Source: All England Reporter
Publisher Citation: [2006] All ER (D) 58 (Apr)
Neutral Citation: [2006] EWCA Crim 792
Court: Court of Appeal, Criminal Division
Judge:

Richards LJ, Grigson J and the Recorder of Liverpool

Representation Kuldip Singh QC (instructed by Bark & Co) for the defendant.
  Kennedy Talbot (instructed by the Revenue and Customs Prosecutions Office) for the Crown.
Judgment Dates: 5 April 2006

Catchwords

Criminal law - Procedure - Confiscation - Postponement of confiscation - Whether judge postponing confiscation - Whether failure to postpone invalidating confiscation order - , s 72A.

The Case

The correct approach to an alleged failure to comply with a provision was to ask whether it was a purpose of the legislature that an act done in breach of a statutory provision would be invalid and whether prejudice would be caused as a result of the failure to comply. Those principles were applicable in the instant case, where the defendant alleged that the judge had failed to comply with the postponement provisions of s72A of the .

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