A confiscation order under the Proceeds of Crime Act 2002 is distinct from an order pursuant to section 35 of the 2002 Act setting a term of imprisonment to be served in default of payment of a confiscation order. Therefore section 31(1) of the 2002 Act does not give the Court of Appeal (Criminal Division) jurisdiction to hear a prosecution appeal in respect of the setting of a default term (paras 36, 37).

Where, therefore, the Crown appealed against the sentencing judge’s decision to fix a default term of only 18 months’ imprisonment in respect of a confiscation order in the sum of £661,027—

Held, appeal dismissed. The Court of Appeal (Criminal Division) lacked the jurisdiction to hear the appeal (para 40).

Per curiam. The position is not satisfactory. In cases where something has gone wrong with the setting of a default term it may be thought desirable that the prosecution should be able to challenge it (para 38).