[2004] EWCA Crim 2260

The confiscation order regime under the Criminal Justice Act 1988 was compatible with the European Convention on Human Rights 1950 . The Art.8 rights of an offenders' wife were not infringed where it was unlikely that the jointly owned matrimonial home would be sold in order to pay a confiscation order. Where an offender had agreed to repay misappropriated funds to his former employer but the agreement was not binding and no repayments had been made, a confiscation order in respect of the misappropriated funds did not amount to a double penalty.

CA (Crim Div) (May LJ, Gray J, Hallett J)

29/07/2004