In the matter of Peacock

In the matter of Peacock

Section 16(2) of the Drug Trafficking Act 1994 permits the High Court to take into account after-acquired assets when considering an application to increase the amount recoverable under a confiscation order. The section is not limited to assets held at the time of the original order, and the statutory language and...

Source-derived case information.

Parties
Appellant: Peacock; Respondent: CPS Appeals Unit; Intervener: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
22 February 2012
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Confiscation Orders, After Acquired Assets, Statutory Interpretation, Transitional Provisions
Criminal Law Drug Trafficking Asset Confiscation Confiscation Orders After Acquired Assets Statutory Interpretation Transitional Provisions

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Parties

Peacock

Appellant

CPS Appeals Unit

Respondent

Secretary of State for the Home Department

Intervener

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether section 16(2) of the Drug Trafficking Act 1994 permits the High Court to consider after-acquired assets when increasing the amount recoverable under a confiscation order
  2. 2 Whether section 16 was in force at the material time given the transitional provisions of the Proceeds of Crime Act 2002

Ratio Decidendi

Section 16(2) of the Drug Trafficking Act 1994 permits the High Court to take into account after-acquired assets when considering an application to increase the amount recoverable under a confiscation order. The section is not limited to assets held at the time of the original order, and the statutory language and context support this interpretation. The Commencement Order preserves the operation of section 16 for pre-24 March 2003 offences.

Court Disposition

Appeal dismissed

Orders

  • Section 16(2) certificate lawfully issued; after-acquired assets to be considered in recalculating the recoverable amount under the confiscation order.