Okedare, R v

Okedare, R v

An individual who absconds prior to conviction but is convicted in absence can be made subject to a confiscation order under section 6 as applied by section 28 of POCA; the statutory scheme and legislative intent permit such jurisdiction, and protective measures under section 28(5) must be afforded.

Source-derived case information.

Parties
Respondent: Regina; Appellant: Charles Okedare
Jurisdiction
England and Wales
Judgment Date
15 May 2014
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Order
Outcome
Appeal allowed in part; confiscation order quashed and matter remitted for rehearing under section 6 as applied by section 28 of POCA.
Legal Topics
Confiscation Orders, Absconding Defendants, Statutory Interpretation
Criminal Law Proceeds of Crime Confiscation Orders Absconding Defendants Statutory Interpretation

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Parties

Regina

Respondent

Charles Okedare

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the Crown Court has jurisdiction under the Proceeds of Crime Act 2002 to make a confiscation order against an absconder who absconds prior to conviction but is convicted in absence
  2. 2 Under which section of POCA (section 6, 27, or 28) such jurisdiction lies

Ratio Decidendi

An individual who absconds prior to conviction but is convicted in absence can be made subject to a confiscation order under section 6 as applied by section 28 of POCA; the statutory scheme and legislative intent permit such jurisdiction, and protective measures under section 28(5) must be afforded.

Court Disposition

Appeal allowed in part; confiscation order quashed and matter remitted for rehearing under section 6 as applied by section 28 of POCA.

Orders

  • Existing confiscation order quashed.
  • Application for confiscation remitted to Crown Court for rehearing under section 6 as applied by section 28 of POCA.