Source: All England Reporter
Publisher Citation: [2011] All ER (D) 170 (Dec)
Neutral Citation: [2011] EWCA Crim 2936
Court: Court of Appeal, Criminal Division
Judge:

Pill LJ, Foskett J and Judge Wide QC
Representation David Friesner (instructed by David Phillips & Partners) for the defendant.
  Andrew Jebb (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 21 December 2011

Catchwords

Sentence - Confiscation order - Proceeds of crime - Power to make order - Prosecution not serving notice at first confiscation proceedings in compliance with statute - Confiscation order made based on agreement - Judge in second confiscation proceedings making assessment as to criminal lifestyle extending beyond period preceding first confiscation order - Defendant appealing to Court of Appeal - Whether judge erring - Whether judge bound by order in first confiscation proceedings - Effect of relevant statutory provision - Residual discretion to depart from previous confiscation decision - , - .

The Case

Sentence Confiscation order. The Court of Appeal, Criminal Division, in allowing the defendant's appeal against a confiscation order imposed in respect of offences of running a brothel, held that an assessment of benefit from criminal conduct in previous confiscation proceedings, albeit that the sum had been an agreed figure, had to be taken for the purposes of of the Proceeds of Crime Act 2002 to be the defendant's benefit from general criminal conduct and a court could not go behind that agreement at a subsequent assessment of benefit, despite the prosecution's failure in the previous confiscation hearing to serve the relevant statutory notice for the assessment of extended benefit.

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