R v Malhi (Hardip Singh)

Subject Matter

CRIME — Sentence — Confiscation order — Term of imprisonment in default of payment — Maximum default term increased between date of offence and date on which confiscation order made — Default term set by court longer than maximum term applicable at date of offence — Whether increased maximum terms applying — Whether imposition of term breaching Convention rights — Whether term imposed manifestly excessive — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 7 — Proceeds of Crime Act 2002 (c 29), s 35(2A) (as inserted by Serious Crime Act 2015 (c 9), s 10) — Serious Crime Act 2015 (Commencement No 1) Regulations 2015 (SI 2015/820), reg 3

[2016] EWCA Crim 2025; [2017] 4 WLR 27; [2016] WLR (D) 347, CA

Commentary

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