Court of Appeal
Regina
v
Nelson
Regina
v
Pathak
Regina
v
Paulet
[2009] EWCA Crim 1573
2009 June 9;
July 28
Lord Judge CJ, Collins, Owen JJ
CrimeSentenceConfiscation orderCrown initiating confiscation proceedings to recover defendant’s benefit from crimeStatutory conditions for making order metJudge staying proceedings as abuse of process on basis that would produce oppressive resultWhether Court of Appeal having jurisdiction to entertain prosecution appealWhether discretion to stay for abuse of process confiscation proceedings properly broughtWhether confiscation order operating as fine where defendant gaining no net profitExercise of power to make confiscation order where civil proceedings instituted to recover proceeds of crimeGuidance as to exercise of prosecutorial discretion to bring or discontinue confiscation proceedings Proceeds of Crime Act 2002 (c 29), ss 6, 7(3), 31(2)
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