Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Confiscation order definition

What does Confiscation order mean? An order made in criminal proceedings requiring a convicted defendant to pay the state a sum representing the proceeds (benefit) of their criminal conduct, up to the value of assets available to them. It does not usually seize specific items; instead it creates a recoverable monetary judgment. In England and Wales and Northern Ireland, confiscation orders are governed by the Proceeds of Crime Act 2002 (POCA) (Parts 2 and 4). In Scotland, equivalent orders are made under POCA Part 3. In Ireland, post‑conviction confiscation is provided for by the Criminal Justice Act 1994 (as amended). Across these jurisdictions the court assesses...

Reopening concluded criminal appeals in the Court of Appeal (Criminal Division): Yasain jurisdiction, Gohil/Preko principles and CrimPR r 36.15 procedure (England and Wales)

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Practice notes

Reopening final determinations of the Court of Appeal Criminal Division

The Criminal Division of the Court of Appeal retains, in exceptional circumstances, an inherent authority to revisit a prior decision finally disposing of appeal proceedings (R v Yasain). In Yasain, the court observed that the Civil Division had long exercised an implied power to reopen a concluded appeal, and it recognised an equivalent implicit power for the Criminal Division. Illustratively, in R v Powell, that Yasain jurisdiction was invoked in relation to a Confiscation order appeal. There, all sides accepted that the realisable assets figure had been wrongly calculated, and efforts to cure the problem by obtaining a certificate of inadequacy had failed. The Court concluded that sufficient time, effort and public resources had already been devoted to correcting the mistake. By contrast, in R v Hockey, another confiscation matter, the Court stressed that Powell should not be misread and that Yasain delineates a narrowly confined jurisdiction: 'It is absolutely not available in circumstances such as obtain in this case where it is alleged that the...

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