Crown Prosecution Service v Moulden

Crown Prosecution Service v Moulden

Separate indictments constitute separate proceedings for confiscation purposes; therefore, the 1988 Act applies to pre-24 March 2003 offences and the 2002 Act to post-commencement offences. The prosecution has no right of appeal against a confiscation order made under the 1988 Act.

Source-derived case information.

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

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Parties

Crown Prosecution Service

Appellant

Leanne Moulden

Respondent

Procedural Posture

Criminal Appeal / Judgment on Prosecution Appeal Against Confiscation Orders

Legal Issues

  1. 1 Whether two indictments constitute a single set of proceedings for confiscation purposes under the Criminal Justice Act 1988 and the Proceeds of Crime Act 2002
  2. 2 Whether the prosecution has a right of appeal against a confiscation order made under the 1988 Act

Ratio Decidendi

Separate indictments constitute separate proceedings for confiscation purposes; therefore, the 1988 Act applies to pre-24 March 2003 offences and the 2002 Act to post-commencement offences. The prosecution has no right of appeal against a confiscation order made under the 1988 Act.

Court Disposition

appeal dismissed

Orders

  • The prosecution's appeal against the 2002 order is dismissed.
  • No right of appeal exists against the order under the 1988 Act.