Adam & Anor, R v

The Court of Appeal accepted the parties’ agreement that the original confiscation orders should be quashed. It substituted an order against each appellant for £16,250, representing the value of the cigarettes and VAT. Each order required payment within six months, with nine months’ imprisonment in default.

The appellants appealed confiscation orders made in the Crown Court at Derby. On 20 January 2011, the Full Court granted an extension of time and leave to appeal, adjourned the appeals, and directed further written submissions.

The Crown subsequently accepted that the original orders should be quashed. Both parties agreed that substituted confiscation orders should be made for £16,250 against each appellant. The remaining issues concerned the payment period and the default term.

1. The appeals were allowed to the agreed extent. The existing confiscation orders were quashed.

2. The Court accepted the parties’ agreed basis for substituted orders. Each appellant had benefited by £16,250, being the value of the cigarettes and VAT, and a confiscation order was made against each appellant for that sum.

3. The Court resolved the remaining matters by directing payment within six months and imposing nine months’ imprisonment in default.

• Court of Appeal (Criminal Division) — allowed the appeals and quashed the existing confiscation orders: [2011] EWCA Crim 865.
• Crown Court at Derby — made the confiscation orders under appeal; no citation is stated in the judgment.