The defendant appealed against a refusal of judicial review of an order that she forfeit a sum under the 2002 Act. 5,000 pounds in cash had been found at her house in a search for other matters. She had lied to the police about its provenance, but the court had found that there had been documentary evidence of the reason later given. She said that she had not been given notice of the hearing at which the application for confiscation was made, she having moved, but only orally told the police of the move.
Held: The order was quashed. If the appellant had had no notice of the proceedings, then the court, on the facts of this case, should quash the order of 29 April. It might be different if she was taking steps to prevent notice being given to her, but that is not this case.
Pending a review of the rules: ‘I would invite Magistrates to be particularly prudent about continuing with an application for a forfeiture order in circumstances like the present in the absence of the person with a claim to the money. If, as in this case, criminal proceedings are still ongoing, it might be thought worthwhile to give notice of the hearing to the solicitors dealing with the criminal case, albeit that those solicitors (as in this case) had not been instructed in the civil proceedings for forfeiture.’
Pill, Hooper, Munby LJJ
[2011] EWCA Civ 332
Bailii
Proceeds of Crime Act 2002 298, Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002
England and Wales
Citing:
Cited – Regina v Bolton Justices ex parte Scally CA 1991
A conviction or other judicial finding by an inferior tribunal is amenable to quashing by certiorari even if it was obtained without unfairness by the tribunal and without malpractice by the prosecutor or other complainant. Watkins LJ described what . .
Cited – Regina (on the application of Marsh) v Lincoln District Magistrates’ Court Admn 2003
The court considered the power to quash a magistrates decision for an error on the part of the prosecutor.
Held: Munby J said: ‘In the first place, and as ex p Fox-Taylor and ex p A show, the jurisdiction is not confined to, although it is no . .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 02 November 2021; Ref: scu.430848
