Ignorance of the automatic forfeiture consequences of a guilty plea to a Schedule 2 offence under the Confiscation Act 1997 does not constitute 'exceptional circumstances' under s 263(2)(a) of the Criminal Procedure Act 2009 explaining a failure to file a notice of appeal within time. Failure to advise a client of collateral consequences of a guilty plea (such as property forfeiture) does not, without more, constitute a miscarriage of justice where the accused understood the nature of the charges and intended to admit guilt. The destruction of drug evidence after expiry of the appeal period can constitute material prejudice to the prosecution under s 263(2)(b), and the deeming provision in s 5 of the Drugs Act does not cure that prejudice.
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