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R v Briggs-Price
on 30 August 2011
Confiscation order where not all drug trafficking charged
The House of Lords handed down judgment in the case of R v Briggs-Price 30/04/2009 Times Law Reports on 29th April 2009. The case concerned an appeal against a confiscation order made by the trial judge under the Drug Trafficking Act 1994 c. 37. The trial judge had accepted the prosecution’s contention that drug trafficking offences, other than those the appellant had been convicted of, had been committed. Accordingly a confiscation order reflecting this was made.
The House considered section 4 of the 1994 Act and case law such as Geerings v The Netherlands (2008) 46 EHRR 49. Dismissing the appeal, the House held that the Geerings case could be distinguished and the requirements of article 6.1, as incorporated by schedule 1 of the Human Rights Act 1998 c. 42, had been met.
