[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)


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