header-logo header-logo

10 July 2008
Issue: 7329 / Categories: Case law , Law digest
printer mail-detail

Confiscation Order

R v Morgan [2008] EWCA Crim 1323, [2008] All ER (D) 274 (Jun)

The court retains the jurisdiction to stay an application for confiscation where it amounts to an abuse of the court’s process. That power exists where it would be oppressive to seek confiscation. It is not sufficient to establish oppression (and thus abuse of process) that the effect of a confiscation order will be to extract from a defendant a sum greater than his profit from his crime(s).

Where: (i) the defendant’s crimes are limited to offences causing loss to one or more identifiable loser(s); (ii) his benefit is limited to those crimes, (iii) the loser has neither brought nor intends any civil proceedings to recover the loss; but (iv) the defendant either has repaid the loser, or stands ready willing and able immediately to repay him, the full amount of the loss, it may amount to an abuse of process for the Crown to seek a confiscation order which would result in an oppressive order to pay up to double the full restitution which the defendant has made or is willing immediately to make.

There are some situations where it would not be oppressive to seek a confiscation order: (i) where the defendant, even if he has repaid the victim or is ready to do so, has significantly profited through use of the stolen money while it was in his hands and thus has obtained a benefit beyond the loss inflicted on the victim; (ii) where, although repayment in full is offered, it is uncertain that it will be accomplished; indeed it may be difficult to establish abuse in such a case unless the defendant has either already made restitution in full or is in a position to tender it immediately in a guaranteed form, such as a banker’s draft or funds in a solicitor’s hands.

Issue: 7329 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
back-to-top-scroll