Sachan, R v

Sachan, R v

Non-compliance with section 15(2) of the Proceeds of Crime Act 2002 does not render the compensation order a nullity; Parliament did not intend total invalidity for such procedural breaches, and there is no prejudice or risk of double liability to the appellant.

Parties
Applicant: Gaurav Sachan; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
09 November 2018
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Compensation Orders, Confiscation Orders, Proceeds of Crime Act 2002, Section 15(2) Compliance
Criminal Law Compensation Orders Confiscation Orders Proceeds of Crime Act 2002 Section 15(2) Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Gaurav Sachan

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether a compensation order imposed during a postponement period under section 15(2) of the Proceeds of Crime Act 2002 is a nullity
  2. 2 Whether non-compliance with section 15(2) renders the compensation order invalid
  3. 3 Risk of double liability between compensation and confiscation orders

Ratio Decidendi

Non-compliance with section 15(2) of the Proceeds of Crime Act 2002 does not render the compensation order a nullity; Parliament did not intend total invalidity for such procedural breaches, and there is no prejudice or risk of double liability to the appellant.

Court Disposition

appeal dismissed

Orders

  • Minute of Order to be drawn up including Crown's undertaking not to enforce compensation and confiscation orders for more than £51,450 plus inflation.
  • Extension of time granted for renewal of application for leave to appeal against sentence.