ABILITY TO MAKE CONFISCATION ORDER FOLLOWING CONDITIONAL DISCHARGE

Whilst the decision in R. v Clarke (Joseph) [2009] EWCA Crim 1074, [2010] 1 W.L.R. 223 was doubted, the court was bound by the decision and had to allow an appeal against a confiscation order made following the imposition of a conditional discharge. The court certified a point of law and invited the Crown to seek leave to appeal to the Supreme Court.

[2010] EWCA Crim 1575