R v Mark Haden & Ors

R v Mark Haden & Ors

Failure to comply with procedural requirements under section 14 of the Proceeds of Crime Act 2002 does not deprive the court of jurisdiction to make confiscation orders. Exceptional circumstances justifying extension of the permitted period must be interpreted broadly and can include systemic delays and prosecution failures. Applications for extension may be granted even after expiry of the permitted period. The court must proceed afresh in all cases and determine confiscation proceedings on their merits.

Parties
Appellant: THE KING; Respondent: MARK HADEN; Respondent: CHADLEY SMITH; Respondent: JASON BLAIR; Respondent: PIRET ROHELSAAR; Respondent: JAKE MANN; Respondent: KERRY LONG; Respondent: CHRISTOPHER CARTWRIGHT; Respondent: STEPHEN TOOTELL; Respondent: SPENCER WATKINS; Respondent: JAMES WILL
Jurisdiction
England and Wales
Judgment Date
17 November 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeals allowed; Crown Court directed to proceed afresh in all cases.
Legal Topics
Confiscation Orders, Postponement of Confiscation Proceedings, Jurisdiction, Exceptional Circumstances, Procedural Defects
Criminal Law Proceeds of Crime Confiscation Orders Postponement of Confiscation Proceedings Jurisdiction Exceptional Circumstances Procedural Defects

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Parties

THE KING

Appellant

MARK HADEN

Respondent

CHADLEY SMITH

Respondent

JASON BLAIR

Respondent

PIRET ROHELSAAR

Respondent

JAKE MANN

Respondent

KERRY LONG

Respondent

CHRISTOPHER CARTWRIGHT

Respondent

STEPHEN TOOTELL

Respondent

SPENCER WATKINS

Respondent

JAMES WILL

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether failure to comply with procedural requirements under section 14 of the Proceeds of Crime Act 2002 deprives the court of jurisdiction to make confiscation orders
  2. 2 Whether exceptional circumstances justify extension of the permitted period for confiscation proceedings
  3. 3 Whether applications for extension can be made after expiry of the permitted period

Ratio Decidendi

Failure to comply with procedural requirements under section 14 of the Proceeds of Crime Act 2002 does not deprive the court of jurisdiction to make confiscation orders. Exceptional circumstances justifying extension of the permitted period must be interpreted broadly and can include systemic delays and prosecution failures. Applications for extension may be granted even after expiry of the permitted period. The court must proceed afresh in all cases and determine confiscation proceedings on their merits.

Court Disposition

Appeals allowed; Crown Court directed to proceed afresh in all cases.

Orders

  • Leave to appeal granted in all cases.
  • Time for appealing extended where necessary.