Re L

Re L

Where the value of a gift has been included in the amount of a confiscation order, it is not open to a defendant to seek a certificate of inadequacy on the basis that he cannot realise or recover that gift. The statutory scheme requires the value of gifts caught by the Act to be included in the order, and inability to realise such gifts does not render the realisable property inadequate for section 17 purposes.

Parties
Applicant: L; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
23 June 2010
Procedural Posture
Application for Certificate of Inadequacy Under Drug Trafficking Act 1994 / Judgment on Application
Outcome
Application refused
Legal Topics
Confiscation Orders, Drug Trafficking, Gifts Caught by the Act, Certificate of Inadequacy
Criminal Law Proceeds of Crime Confiscation Orders Drug Trafficking Gifts Caught by the Act Certificate of Inadequacy

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Parties

L

Applicant

The Crown

Respondent

Procedural Posture

Application for Certificate of Inadequacy Under Drug Trafficking Act 1994 / Judgment on Application

Legal Issues

  1. 1 Whether the value of a gift caught by the Drug Trafficking Act 1994 can be excluded from the amount of a confiscation order for the purposes of a certificate of inadequacy under section 17
  2. 2 Whether inability to realise a gift caught by the Act entitles the applicant to a certificate of inadequacy

Ratio Decidendi

Where the value of a gift has been included in the amount of a confiscation order, it is not open to a defendant to seek a certificate of inadequacy on the basis that he cannot realise or recover that gift. The statutory scheme requires the value of gifts caught by the Act to be included in the order, and inability to realise such gifts does not render the realisable property inadequate for section 17 purposes.

Court Disposition

Application refused

Orders

  • Application for certificate of inadequacy under section 17 of the Drug Trafficking Act 1994 is refused.