Whilst the decision in R. v Clarke (Joseph)  EWCA Crim 1074,  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.
ABILITY TO MAKE CONFISCATION ORDER FOLLOWING CONDITIONAL DISCHARGE
 EWCA Crim 1575 July 8, 2010