Source: All England Reporter
Publisher Citation: [2008] All ER (D) 242 (May)
Neutral Citation: [2008] EWCA Crim 914
Court: Court of Appeal, Criminal Division
Judge:

Latham LJ, Penry-Davey amd Foskett JJ
Representation Geoffrey Cox QC and Charles Benson (assigned by the Registrar of Criminal Appeals) for the defendant.
  Andrew Motchell QC and Esther Shutzer-Weissman (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 9 April 2008

Catchwords

Sentence - Proceeds of crime - Financial reporting order - Defendant pleading guilty to offence of conspiring to conceal the proceeds of criminal conduct - Judge imposing financial reporting order - Whether court having jurisdiction to hear appeal against financial reporting order - s 76 - European Convention on Human Rights, art 7.

The Case

For the purposes of a right of appeal under the a financial reporting order under s76 of the fell to be considered as a sentence of the court, notwithstanding the fact that no statutory provision expressly so provided. It was an order that could only have been made after conviction. If the order was not treated as a sentence of the court, the problem arose that it would be and order made relating to a matter arising on indictment, and therefore also outwith the scope of judicial review, thereby leaving a defendant wrongly subjected to a financial reporting order unable to have the situation rectified.

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