Mills, R v

Mills, R v

The Court of Appeal lacks jurisdiction to hear a prosecution appeal against the default term in a confiscation order, as the default term is a distinct order and not part of the confiscation order for purposes of s.31 POCA 2002.

Parties
Prosecution: Regina; Respondent: Graham Alan Mills
Jurisdiction
England and Wales
Judgment Date
01 May 2018
Procedural Posture
Criminal Appeal / Judgment on Prosecution Appeal Against Default Term in Confiscation Order
Outcome
Appeal dismissed for lack of jurisdiction.
Legal Topics
Confiscation Orders, Default Terms, Jurisdiction of Appellate Court
Criminal Law Proceeds of Crime Confiscation Orders Default Terms Jurisdiction of Appellate Court

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Parties

Regina

Prosecution

Graham Alan Mills

Respondent

Procedural Posture

Criminal Appeal / Judgment on Prosecution Appeal Against Default Term in Confiscation Order

Legal Issues

  1. 1 Does the Court of Appeal have jurisdiction to hear a prosecution appeal against the default term set in a confiscation order?
  2. 2 Is the default term part of the confiscation order for purposes of appeal under POCA 2002 s.31?

Ratio Decidendi

The Court of Appeal lacks jurisdiction to hear a prosecution appeal against the default term in a confiscation order, as the default term is a distinct order and not part of the confiscation order for purposes of s.31 POCA 2002.

Court Disposition

Appeal dismissed for lack of jurisdiction.

Orders

  • Leave to apply granted.
  • Prosecution appeal against default term dismissed.