R v Soneji [2006]

Non compliance with the terms of the Criminal Justice Act 1988 s.72A(3) did not deprive the court of its duty to consider the making of a confiscation order

The Crown appealed against a decision ([2003] EWCA Crim 1765, [2004] 1 Cr. App. R. (S.) 34) quashing confiscation orders that had been imposed on the respondents (S) following their pleas of guilty to an offence of conspiracy to convert property and to remove it from the jurisdiction knowing or suspecting that it represented the proceeds of criminal conduct. The Court of Appeal had quashed the confiscation orders on the basis they had been made more than six months beyond the date of conviction, contrary to the Criminal Justice Act 1988 s.72A(3) .

The Court of Appeal had certified two points of law of general public importance. The first was whether the court's common law jurisdiction to adjourn confiscation proceedings was subject to a mandatory time limit of six months from the date of conviction save where "exceptional circumstances" were present.

The second was whether, once the court had assumed jurisdiction under s.71 of the Act, its jurisdiction thereafter was extinguished by a failure to comply with the provisions of s.72A of the Act or any common law requirements relating to the postponement or adjournment of the proceedings.

S submitted that:

(1) a strict approach to the construction of s.72A should be adopted;

(2) a purposive approach…