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Alastair Nicol
The profits of illicit drug trafficking have attracted worldwide attention. In 1980, a decision of the house of Lords in the United kingdom ruled that the English criminal courts had no power to forfeit such profits even though earned by convicted defendants. This lacuna in the law aroused considerable criticism and the Howard League of Penal Reform established an independent committee to propose reforms. Its report will be published shortly. This article discusses some of the issues which the Committee faced, particularly the delicate balance between the interest of the State in ensuring that crime does not pay and a commitment to due process before financial punishments are imposed.
