R v Clarke [2009] EWCA Crim 1074 – Ss 6 and 14 POCA – s 12 PCCSA.
- confiscation orders constitute punishment.
- a confiscation order cannot be made if D is given an absolute or conditional discharge.
- decision reversed by Supreme Court in R v Varma.
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Related case digests
- R v Varma [2012] UKSC 42 - Ss 6 and 13 - 15 POCA – s 12 PCCSA.
- s 6 POCA does not prevent the court making a confiscation order where it gives or proposes to give an absolute or conditional discharge. - s 6(1) POCA gives the court no discretion not to make a confiscation order if the conditions in ss 6(2) and (3) are satisfied. - even if a discharge order is not a sentence, it is an order made as a result of “deciding the appropriate sentence” within the meaning of s 13(4) [POCA]. - s 13(4) POCA provides a confiscation order must be left out of account in deciding the sentence, hence whether a confiscation order is punishment is irrelevant to whether to make a discharge order. - s 13(4) POCA is in clear terms and R v Clarke was wrongly decided.