The Law Reports (Queen's Bench Division)
[2010] QB 678
Court of Appeal
Regina
v
Nelson
Regina
v
Pathak
Regina
v
Paulet
[2009] EWCA Crim 1573
2009 June 9;
July 28
July 28
Lord Judge CJ, Collins, Owen JJ
Crime— Sentence— Confiscation order— Crown initiating confiscation proceedings to recover defendant’s benefit from crime— Statutory conditions for making order met— Judge staying proceedings as abuse of process on basis that would produce oppressive result— Whether Court of Appeal having jurisdiction to entertain prosecution appeal— Whether discretion to stay for abuse of process confiscation proceedings properly brought— Whether confiscation order operating as fine where defendant gaining no net profit— Exercise of power to make confiscation order where civil proceedings instituted to recover proceeds of crime— Guidance 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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