Source: All England Reporter
Publisher Citation: [2002] All ER (D) 186 (Jan)
Neutral Citation: [2002] UKHL 2
Court: House of Lords

Lord Slynn of Hadley, Lord Browne-Wilkinson, Lord Steyn, Lord Hope of Craighead and Lord Hutton

Representation Tim Owen QC and Danny Friedman (instructed by Magrath & Co) for the defendant.
  David Perry and Kennedy Talbot (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 24 January 2002


Sentencing - Confiscation order - Legislation providing for confiscation of proceeds of drug trafficking - Compatibility of legislation with provisions of human rights convention - Duty of court to read and give effect to legislation in manner compatible with convention rights - Whether duty applying to appeals made by defendants from orders made before implementation of human rights legislation - .

The Case

The rights of a defendant under the European Convention on Human Rights were not engaged on an appeal against a confiscation order under the following the defendant's pleas of guilty to offences of theft, which had been made before the came into force.

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