||All England Reporter
|| All ER (D) 58 (Apr)
|| EWCA Crim 792
||Court of Appeal, Criminal Division
Richards LJ, Grigson J and the Recorder of Liverpool
||Kuldip Singh QC (instructed by Bark & Co) for the defendant.
||Kennedy Talbot (instructed by the Revenue and Customs Prosecutions Office) for the Crown.
||5 April 2006
Criminal law - Procedure - Confiscation - Postponement of confiscation - Whether judge postponing confiscation - Whether failure to postpone invalidating confiscation order - , s 72A.
The correct approach to an alleged failure to comply with a provision was to ask whether it was a purpose of the legislature that an act done in breach of a statutory provision would be invalid and whether prejudice would be caused as a result of the failure to comply. Those principles were applicable in the instant case, where the defendant alleged that the judge had failed to comply with the postponement provisions of s72A of the .
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