Crown Prosecution Service v Moulden

Crown Prosecution Service v Moulden

Separate indictments constitute separate proceedings for confiscation purposes; the prosecution has no right of appeal against a confiscation order under the 1988 Act; the judge was correct to make two orders, one under each Act, applying the correct test to each.

Parties
Appellant: Crown Prosecution Service; Respondent: Leanne Moulden
Jurisdiction
England and Wales
Judgment Date
11 November 2008
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Confiscation Orders, Statutory Interpretation, Proceeds of Crime, Transitional Provisions
Criminal Law Confiscation Orders Statutory Interpretation Proceeds of Crime Transitional Provisions

Case Brief

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Parties

Crown Prosecution Service

Appellant

Leanne Moulden

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether two indictments constitute one or two sets of proceedings for confiscation purposes
  2. 2 Whether the prosecution has a right of appeal against a confiscation order under the Criminal Justice Act 1988

Ratio Decidendi

Separate indictments constitute separate proceedings for confiscation purposes; the prosecution has no right of appeal against a confiscation order under the 1988 Act; the judge was correct to make two orders, one under each Act, applying the correct test to each.

Court Disposition

appeal dismissed

Orders

  • The appeal against the 2002 order fails and is dismissed.
  • No prosecution right of appeal against the order under the 1988 Act.