Source: All England Reporter
Publisher Citation: [2002] All ER (D) 115 (Mar)
Court: Court of Appeal, Criminal Division
Judge:

Rix LJ, Leveson J and Sir Richard Tucker

Representation Nathaniel Rudolf (assigned by the Registrar of Criminal Appeals) for the defendant.
  Matthew Copeland (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 8 March 2002

Catchwords

Sentencing - Confiscation order - Jurisdiction - Possession of Class A drug with intent to supply - Custodial sentence - Postponement of determination of confiscation order - Whether judge having failed expressly to order postponement and length of postponement prior to sentence - Whether statutory requirement that postponement and length of period had to be specified prior to sentence - ss 2 and 3.

The Case

Section 3 of the Drug Trafficking Act1994 did not impose a mandatory provision that a court should specify the period of any postponement of confiscation order proceedings prior to sentence.

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