R v. P – Shrewsbury Crown Court/Court of Appeal
Mr P had been involved in a drugs conspiracy approximately 12 years ago. A confiscation order was made, and he had served a prison sentence for his crimes. On release from prison, he started to work in a garage then acquired his own garage and incorporated a claims management business. His rehabilitation had been completed!
It appears that the prosecution reviewed the confiscation file for Mr P on a re-assessment of his personal circumstances concluded that his assets were such that he could make a further contribution towards the original confiscation order which had been previously imposed. Mr P argued that the authorities should not be in a position to compel him to liquidate his current assets as these were newly acquired (bank accounts, property, and cars) and the lawful origins of those assets could be traced.
Mr P had to make the payment. The problem stemmed from his agreement of the original confiscation order where the benefit figure agreed was a lot higher than what it should have been at the point the original confiscation order was made. Mr P had not given any consideration to its future implications, if he had done so he might well have avoided this issue.
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