Source: All England Reporter
Publisher Citation: [2003] All ER (D) 197 (Feb)
Neutral Citation: [2003] EWCA Crim 02
Court: Court of Appeal, Criminal Division

Potter LJ, Butterfield J and Judge Findlay Baker QC

Representation Nicholas Johnson (assigned by the Registrar of Criminal Appeals) for the defendant.
  Charles Gratwicke (instructed by HM Customs and Excise) for the prosecution.
Judgment Dates: 14 February 2003


Sentencing - Confiscation order - Hearing - Power to postpone - Judge failing to postpone confiscation proceedings prior to imposing custodial sentence - Judge failing to specify period of postponement - s 3(1).

The Case

The defendant's confiscation order was not wrong in principle despite the judge's failure expressly to specify that he was postponing the confiscation proceedings for a specified period, pursuant to s3(1) of the .

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