Rezvi, R v.

HOUSE OF LORDS

Lord Slynn of Hadley Lord Browne-Wilkinson Lord Steyn Lord Hope of Craighead Lord Hutton

OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT

IN THE CAUSE

REGINA

v.

REZVI

(APPELLANT)

(ON APPEAL FROM THE COURT OF APPEAL (CRIMINAL DIVISION))

ON 24 JANUARY 2002

[2002] UKHL 1

LORD SLYNN OF HADLEY

My Lords,

    1. I have had the advantage of reading in draft the speech of my noble and learned friend Lord Steyn. I agree with him that this appeal should be dismissed on the basis of the decision of your Lordships' House in R v Kansal [2001] 3 WLR 1562. I also agree with the views he expresses as to the relationship between Convention rights and the provisions of the Criminal Justice Act 1988.

LORD BROWNE-WILKINSON

My Lords,

    2. I have had the advantage of reading in draft the speech of my noble and learned friend Lord Steyn. I agree with it and, for the reasons he has given, I too would dismiss this appeal.

LORD STEYN

My Lords,

    3. At present the powers of the court to order the confiscation of the proceeds of crime are contained in three statutes, viz Part VI of the Criminal Justice Act 1988, the Drug Trafficking Act 1994 and Part III of the Terrorism Act 2000. If the Proceeds of Crime Bill (Bill 31 of 2001), which is presently before Parliament, is enacted it will create a uniform and more comprehensive system for confiscation orders in relation to persons who benefit from criminal conduct.

    4. In outline the circumstances of the appeal before the House are as follows. On 11 October 1999 in the Crown Court at Snaresbrook the appellant pleaded guilty to two counts of theft on an indictment containing 14 counts of theft. On 10 April 2000 he was sentenced to 15 months' imprisonment on each count. On the same day after a hearing under the 1988 Act a judge made a confiscation order against the appellant in the sum of £214,839. He appealed to the Court of Appeal against the confiscation order. His appeal was heard together with other appeals including the appeal R v Benjafield [2001] 3 WLR 75, that case being concerned with a confiscation order under the 1994 Act. The principal point in both cases before the Court of Appeal was whether the making of confiscation orders under the 1988 Act and under the 1994 Act was compatible with the Human Rights Act 1998 which incorporated the European Convention for the Protection of Human Rights and Fundamental Freedoms into our law (Schedule 1). On the basis of the position as to retrospectivity as then understood, the Court of Appeal considered the position as if the 1998 Act was directly applicable to the two appeals. The Court of Appeal held that both the 1988 Act and the 1994 Act were compatible with the Convention. The Court of Appeal dismissed the appeal of the appellant (Rezvi) and adjourned the appeal of Benjafield for further argument. The…