Jurisdiction(s):
United Kingdom

POCA 2002 confiscation: Court of Appeal clarifies s 14 permitted periods, extensions after expiry and post-sentence postponement; non-compliance not fatal; Iqbal disapproved (England and Wales)

Published on: 21 May 2024

Published by a LexisNexis Corporate Crime expert

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Article summary

Criminal law, confiscation, time limits (R v Haden, Smith, Blair & Rohelsaar and Mann) R v Haden, Smith, Blair & Rohelsaar and Mann [2024] EWCA Crim 344

What are the practical implications of this case?

Across most of the appeals, advocates and, at times, the trial judge had relied on the Court of Appeal’s ruling in Iqbal [2010] EWCA Crim 376—now confirmed to have been wrongly decided. Read together, the judgments indicate a deliberate move by the Court of Appeal to foreclose attempts in the lower courts to argue that confiscation proceedings are out of time, or that extensions should be refused because of delay. In that shift, the purpose of POCA 2002, s 14(5) appears to have been overlooked. The court reached its conclusion by applying the principles taken from the House of Lords’ leading decision in Soneji [2005] UKHL 49 and the Supreme Court’s later ruling in Guraj [2016] UKSC 65 to the interpretation of POCA 2002, ss 6 and 14.

What was the background?

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