[2007] EWCA Crim 1577

Where a judge had adjourned confiscation proceedings generally and had reserved the proceeedings to himself, stating that he had no intention of restoring them to the list, there had plainly been a decision not to make an order within the meaning of the Proceeds of Crime Act 2002 s.31(2). The prosecution were thus entitled to exercise their right to appeal under s.32(2) of the Act.

CA (Crim Div) (Pill LJ, Dobbs J, Lloyd Jones J)

12/06/2007