[2006] EWCA Crim 2061
It was apparent from the structure of the Proceeds of Crime Act 2002 that in every case where the court concluded that the offender had obtained a benefit, it had to make a confiscation order. Section 10(6) of the Act did not give a judge the discretion to determine whether or not it was fair to make an order against a defendant; rather, it allowed the court to assess whether a particular calculation of benefit was sensible.
CA (Crim Div) (Latham LJ, Forbes J, Simon J)
10/07/2006