Regina v Johal – WLR Daily

Posted May 16th, 2013 in appeals, confiscation, criminal procedure, delay, law reports by sally

Regina v Johal [2013] EWCA Crim 647; [2013] WLR (D) 175

“When a court postponed confiscation proceedings the omission of a ‘specified period’ of postponement was plainly a procedural rather than a substantive error so that a court would not be deprived of its duty to make a confiscation order where such a breach did not prejudice the defendant in any way. Alternatively, if such a failure was indeed procedural it would fall within the ambit of section 14(11) of the Proceeds of Crime Act 2002 which stipulated that such a failure should not be the basis for quashing an otherwise valid confiscation order.”

WLR Daily, 19th April 2013