London, WC2A 2LL
B e f o r e :
(VICE-PRESIDENT OF THE CACD)
MR JUSTICE DAVID CLARKE
MR JUSTICE MACDUFF
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"(1) Section 6 of the Act (making of confiscation order) shall not have effect where the offence, or any of the offences, mentioned in section 6(2) was committed before 24th March 2003."
"Section 1 above shall not apply in the case of any proceedings against any person where that person is convicted in those proceedings of an offence which was committed before the commencement of that section."
As the court noted in Aslam, the effect of that particular subsection was that if the confiscation proceedings did relate to an offence which was committed before the commencement of the section, then the relevant powers of the court were the powers under the previous statutory provisions. In other words, the argument in Aslam was fairly and squarely on the same basis as the argument before us, albeit the statutory provisions are in slightly different terms. They are however not in any material way different. The court concluded that the prosecution in effect had a discretion as to the offences upon which they could ask for a confiscation order and, if they chose not to proceed on any offences which predated the commencement of the relevant Act, the court was entitled to exercise the powers of the later Act in relation to those offences rather than the former Act. In other words, the statutory provision could be read in effect, in the following terms:
"Section 1 above shall not apply in the case of any proceedings against any person where that person is convicted in those proceedings of an offence in respect of which a confiscation order is or could be sought which was committed before the commencement of that section."