Practice and Procedure

R V RICHARD PHILLIPS (2001)

PUBLISHED November 23, 2001
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[2001] EWCA Crim 2790

Where there was any possibility that a confiscation order under s.2 Drug Trafficking Act 1994 might be sought, the prosecution should make the position clear to the court and invite the court to made a postponement order under s.3(1) of the Act before sentence was passed. A court which had imposed sentence could not thereafter decide to proceed with a view to making a confiscation order.

CA (Crim Div) (Wright J, Bell J)

23/11/2001

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