The Weekly Law Reports
[2008] 2 WLR 82
Court of Appeal
Togher
v
Revenue and Customs Prosecution Office
[2007] EWCA Civ 686
2007 April 3;
July 5
Chadwick, Dyson and Thomas LJJ
Human rights— Penalty— Confiscation order— Confiscation order imposed following conviction of drug trafficking offences with prison term in default of payment and restraint order over assets— Order made pursuant to new statutory provision not providing for discharge of confiscation order on service of default term— Statute in force at time of commission of offences discharging confiscation order in such circumstances— Whether effect of confiscation order and term in default to be considered together— Whether “penalty”— Whether enforcement of order following service of default term constituting heavier penalty than that applicable when offence committed— Whether breach of Convention rights— Whether court to exercise discretion against enforcement— Whether restraint order to be discharged as serving no purpose—
Drug Trafficking Act 1994 (c 37), s 9(5)
—
Human Rights Act 1998 (c 42), s 6(2)(b), Sch 1, Pt I, art 7(1)
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