R v S [2019] EWCA Crim 569 (04 April 2019)

R v S [2019] EWCA Crim 569 (04 April 2019)

The Recorder was entitled to vary the confiscation order under s.22(4)(a) POCA 2002, applying a 40% reduction for the appellant's assistance to the police and the passage of time, as this was a just and reasonable assessment within the court's discretion and consistent with the legislative policy of depriving...

Source-derived case information.

Citation
[2019] EWCA Crim 569
Parties
Respondent: R; Appellant: S
Jurisdiction
England and Wales
Judgment Date
04 April 2019
Procedural Posture
Criminal Appeal / Appeal Against Variation of Confiscation Order Under S.22(4)(a) POCA 2002
Outcome
Appeal dismissed
Legal Topics
Confiscation Orders, Variation of Confiscation Orders, Proceeds of Crime Act 2002, Assistance to Police, Delay in Proceedings, Rehabilitation
Criminal Law Proceeds of Crime Confiscation Orders Variation of Confiscation Orders Proceeds of Crime Act 2002 Assistance to Police Delay in Proceedings Rehabilitation

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Parties

R

Respondent

S

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Variation of Confiscation Order Under S.22(4)(a) POCA 2002

Legal Issues

  1. 1 Whether the Crown Court was correct to vary and increase the confiscation order under s.22(4)(a) POCA 2002
  2. 2 Whether assistance to the police post-conviction should affect the amount payable under a confiscation order
  3. 3 Whether delay in bringing the s.22 application should result in a further reduction

Ratio Decidendi

The Recorder was entitled to vary the confiscation order under s.22(4)(a) POCA 2002, applying a 40% reduction for the appellant's assistance to the police and the passage of time, as this was a just and reasonable assessment within the court's discretion and consistent with the legislative policy of depriving criminals of the proceeds of crime.

Court Disposition

Appeal dismissed

Orders

  • Confiscation order as varied by the Crown Court stands; no further reduction granted