Practice and Procedure

KENNETH TOGHER (Appellant) v REVENUE & CUSTOMS PROSECUTIONS OFFICE (Respondent) & BRIAN DORAN (Applicant / Intervenor) (2007)

PUBLISHED July 5, 2007

Even though the enforcement of a confiscation order made under the Drug Trafficking Act 1994 would contravene an offender's rights under the European Convention on Human Rights 1950 Art.7(1), as he faced a heavier penalty as a result of the order than he had been exposed to at the time he committed the offence, a court was entitled to exercise its discretion to enforce the order where it would be giving effect to the provisions of primary legislation.

CA (Civ Div) (Chadwick LJ, Dyson LJ, Thomas LJ)