Togher v Revenue and Customs Prosecution Office

Subject Matter

HUMAN RIGHTS — Penalty — Confiscation order — Confiscation order imposed following conviction of drug trafficking offences with prison term in default of payment and restraint order over assets — Order made pursuant to new statutory provision not providing for discharge of confiscation order on service of default term — Statute in force at time of commission of offences discharging confiscation order in such circumstances — Whether effect of confiscation order and term in default to be considered together — Whether “penalty” — Whether enforcement of order following service of default term constituting heavier penalty than that applicable when offence committed — Whether breach of Convention rights — Whether court to exercise discretion against enforcement — Whether restraint order to be discharged as serving no purpose — Drug Trafficking Act 1994, s 9(5) — Human Rights Act 1998, s 6(2)(b), Sch 1, Pt I, art 7(1)

[2008] QB 476; [2008] 2 WLR 82

Appellate History

Commentary

Blackstones Criminal Practice 2025
Enforcement, Reconsideration and Appeals - Enforcement - Default Term E19.74