Confiscation with older offences - which legislation?

I have written a blog item on my own website dealing with a rather technical legal issue which sometimes arises in confiscation cases.  The detail will not be of interest to the majority of members of this discussion group, so I won't go into it here.

If you want to see the detail click on this link to go to the blog on my website.

The key point is that the confiscation legislation in PoCA 2002 replaced earlier confiscation legislation (which was similar but not identical).  Depending upon the type of offence, the relevant earlier legislation was the Drug Trafficking Act 1994, for drug offences, and the Criminal Justice Act 1988 (as amended by the Proceeds of Crime Act 1995) for other offences.

But the transitional provisions set out that the PoCA 2002 regime applies, in effect, where all the offences of which the defendant is convicted in the proceedings occurred after 23 March 2003.

So where a person is convicted, even today, of an offence (or several offences) one (or more than one) of which occurred, or commenced, before 24 March 2003 then the earlier confiscation legislation should be used.  That happens more often than you might think!

Of course, where things can go wrong inevitably sometimes they will go wrong.  Sometimes courts make confiscation orders under the wrong legislation.

Does it matter?  Will the confiscation order be effective? Can things be put right on appeal?  If you want to know then read the full article on my blog.

David

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Group: Money laundering and crime
A group for discussing issues relating to suspected money laundering and other crime