Source: All England Reporter
Publisher Citation: [2002] All ER (D) 159 (Oct)
Neutral Citation: [2002] EWCA Crim 2202
Court: Court of Appeal, Criminal Division
Judge:

Rix LJ, The Recorder of Bristol and Sir Ian Kennedy

Representation Peter Kelson QC, David Thomas, Alexander Dos Santos and Catherine Pattison (instructed by Attridges) for the defendant.
  David Farrer QC and David Matthew (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 11 October 2002

Catchwords

Sentencing - Confiscation order - Postponement of determination proceedings - Prosecution failing to serve valid notice of confiscation proceedings until after defendant being sentenced - Judge thereafter proceeding to final hearing and making confiscation order against defendant - Whether judge having jurisdiction to act upon notice in circumstances - s 72(1).

The Case

A notice served under s72(1) of the was a condition precedent not only to the making of a confiscation order under that provision but also to the initiation of the whole procedure. In the absence of such a valid notice a court had no inherent jurisdiction to initiate the procedure.

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