R v Soneji [2005] 3 WLR 303

Failure by a judge to consider whether there were exceptional circumstances to extend a confiscation order, so that Defendant challenged it under judicial review.

HL held that the correct approach to an alleged failure to comply with a provision prescribing the doing of some act before a power was exercised was to ask whether it was a purpose of the legislature that an act done in breach of that provision should be invalid.

This would depend on  weighing up of public interest, which here militated towards allowing the orders to stand.