[2008] EWCA Crim 146

Confiscation proceedings, brought following the offender's conviction for conspiracy to import heroin, did not breach his rights under the European Convention on Human Rights 1950 art.6(2) despite being based not on the conviction but on cannabis trafficking in respect of which he had not been prosecuted. The assessment of benefit was based on evidence heard at the conspiracy trial that the offender had a cannabis distribution network; that did not involve a fresh charge for art.6 purposes.

CA (Crim Div) (Richards LJ, Royce J, Judge Peter Beaumont QC Recorder of London)

22/01/2008