Where the criteria in the Proceeds of Crime Act 2002 s.6 were satisfied, the Crown Court had, subject to s.6(6), a duty to make a confiscation order against a defendant following conviction for an offence, even where he or she received an absolute or conditional discharge.
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.
The Crown Court had no power to make a confiscation order against an offender that had been convicted of an offence and had received a conditional or absolute discharge under the Powers of Criminal Courts (Sentencing) Act 2000 s.12.
The absolute discharge of a mentally-impaired defendant following convictions for indecent assault committed many years in the past was unduly lenient in that it failed sufficiently to take into account the interests of the victims.
The procedure laid down by s.4A Criminal Procedure (Insanity) Act 1964 was compatible with the rights of an accused person under Art.6 European Convention on Human Rights.