Krugerrand coins were seized by the Commissioners and the claimant was unsuccessful in obtaining their restoration under what is now section 152(b) of the 1979 Act. It was argued that the request for restoration of the coins amounted to a determination of a criminal charge. Having noted that criminal charges under domestic law had been brought against the smugglers but not against AGOSI, the Court concluded the fact that measures consequential upon an act for which third parties were prosecuted affected in an adverse manner the property rights of AGOSI did not of itself lead to the conclusion that, during the course of the procedures complained of, any ‘criminal charge’ for the purposes of Article 6, could be considered as having been brought against the applicant company. The condemnation and restoration proceedings are sufficient to comply with Convention rights.
Citations:
9118/80, (1986) 9 EHRR 1, Series A no. 108
Statutes:
Customs and Excise Management Act 1979 152(b), European Convetion on Human Rights 6
Cited by:
Cited – Gascoyne v Commissioners of Customs and Excise ChD 21-Feb-2003
The applicant challenged the respondent’s policy on restoration of vehicles confiscated on being found to be used for commercial smuggling. Vehicles would only be returned exceptionally. The applicant had written to the respondents who considered . .
Cited – Gora and others v Commissioners of Customs and Excise and others CA 11-Apr-2003
The appellants challenged decisions of the VAT and Duties Tribunal after seizure of their goods, and in particular whether the cases had been criminal or civil cases and following Roth, whether the respondent’s policy had been lawful and . .
Cited – J A Pye (Oxford) Ltd v The United Kingdom ECHR 15-Nov-2005
The claimants had been the registered proprietors of land, they lost it through the adverse possession of former tenants holding over. They claimed that the law had dispossessed them of their lawful rights.
Held: The cumulative effect of the . .
Cited – Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales) SC 9-Feb-2015
The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered.
Held: The Bill fell outside the legislative competence . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Customs and Excise
Updated: 27 April 2022; Ref: scu.164964