R v. Magro and Others – On the 8 July 2010 the Court of Appeal, of a five judge constitution, delivered a judgement implicitly disagreeing with the reasoning and the decision of a three judge constitution in R v. Clarke [2009] EWCA Crim 1074. However, in deference to the doctrine of precedence, the Court declared itself bound by the decision in Clarke, leaving it to the Supreme Court to consider if Clarke was wrongly decided.
The Court of Appeal’s reasoning in Magro clearly suggested that a confiscation order under the Proceeds of Crime Act 2002 may be made at the time of making an order of Conditional or Absolute Discharge.
