Dorrian, R. v [2000] EWCA Crim 3546 (19 October 2000)

The court had no power to make a compensation order more than two years after conviction where no express postponement was made at sentencing; the order was unlawful and must be quashed.

Citation: [2000] EWCA Crim 3546
Parties: Appellant: Appellant; Respondent: Respondent
Jurisdiction: England and Wales
Judgment Date: 19 October 2000
Procedural Posture: Criminal Appeal / Appeal Against Compensation Order
Outcome: appeal allowed
Legal Topics: Compensation Order, Confiscation Order, Postponement of Sentence, Statutory Interpretation

Criminal Law Compensation Order Confiscation Order Postponement of Sentence Statutory Interpretation

Case Brief

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Parties

Appellant

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Compensation Order

Legal Issues

1 Whether the court had power to make a compensation order more than two years after conviction when no express postponement was made at sentencing
2 Interpretation of section 72(5)(b) and section 72A(9) of the Criminal Justice Act 1988 regarding compensation and confiscation orders

Ratio Decidendi

The court had no power to make a compensation order more than two years after conviction where no express postponement was made at sentencing; the order was unlawful and must be quashed.

Court Disposition

appeal allowed

Orders

compensation order quashed