A RULING DELIVERED IN OPEN COURT OR IN WRITING IS CAPABLE OF AMOUNTING TO A POCA CONFISCATION ORDER

An article from 5 St Andrews Hill Chambers on 20 October was concerde with a recent cases in which the Court of Appeal ruled that, as with other orders, the judge’s solemn pronouncement in court was the order and a failure to draw up a formal written document within the prescribed two-year period from the date of sentence did not invalidate it; and that, in any event, the judge had provided written reasons, findings and figures which satisfied the statutory requirements of the Proceeds of Crime Act 2002.  The article considers the background and the practical implications of the ruling.

https://www.5sah.co.uk/news-and-events/articles/2020-10-20/a-ruling-delivered-in-open-court-or-in-writing-is-capable-of-amounting-to-a-confiscation-order-r-v-westbrook-john-oliver-for-lexis-nexis

I had omitted the following link (as it did not seem to generate much interest!), but it seemed time to add it again and say that, if you would like to make a (polite) gesture and help me with my removal and computer costs, I have a page at https://www.buymeacoffee.com/KoIvM842y

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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