R v Boughton-Fox

Sentence – Confiscation order. It was common ground that the confiscation order against the defendant under the Proceeds of Crime Act 2002 (the 2002 Act) had to be quashed, as the scheme established by the Criminal Justice Act 1988 (the CJA scheme) applied to the indictment period. The parties disputed whether the court had power to substitute a confiscation order under the CJA scheme. The Court of Appeal, Criminal Division, held that there had been no abuse of process by the prosecution making substitution inequitable. Accordingly, the court could make an order substituting the confiscation order under the 2002 Act, having received written and oral submissions on what the content of such an order should be.

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