The defendant sought judicial review of an order made in 1998 issuing a warrant for his committal for failure to pay a confiscation order made in 1991. He had served 6 years imprisonment, and in default of payment a further 18 months. He was released but only contacted in 1996 in relation to the outstanding confiscation order. There was a ‘wholly unexplained period of three years’ delay’ in enforcement. He submitted that the proceedings should be stayed as an abuse of process on the grounds of this delay.
Held: Earlier authorities were to be distinguished. Here, it was for the defendant to take positive steps to make payment, not for the prosecutor to pursue him. Parliament had not intended drug traffickers to escape for delay.
Brooke LJ and Sedley J
[1998] EWHC Admin 960
England and Wales
Citing:
Distinguished – Attorney General’s Reference (No 1 of 1990) CACD 3-Jun-1992
The jurisdiction to stay criminal proceedings on the ground of delay is exceptional, even where the delay was unjustifiable, and a stay should rarely be imposed in the absence of any fault on the part of the complainant or prosecution, and should . .
Cited – Bell v Director of Public Prosecutions of Jamaica PC 1985
The appellant had been sentenced to life for firearms offences. After a successfully appeal, a retrial was ordered. More than two years had passed, after a previous attempt failed for absent witnesses.
Held: Referred to the US decision in . .
Cited – Regina v Oxford City Justices, ex parte Smith QBD 1982
The defendant had given a positive breath test. The laboratory test showed a urine/alcohol proportion above the prescribed limit. He was warned that proceedings were possible. The summons was issued within the six months’ period prescribed by the . .
Cited – Connelly v Director of Public Prosecutions HL 1964
Plea of Autrefois Acquit is Narrow in Scope
The defendant had been tried for and acquitted of murder. The prosecution then sought to have him tried for robbery out of the same alleged facts. The House considered his plea of autrefois convict.
Held: The majority identified a narrow . .
Cited – Hunter v Chief Constable of the West Midlands Police HL 19-Nov-1981
No collateral attack on Jury findigs.
An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many . .
Cited by:
Cited – Lloyd v Bow Street Magistrates Court Admn 8-Oct-2003
The defendant had been convicted and made subect to a confiscation order in 1996. A final order for enforcement was made in late 2002. The defendant said the delay in the enforcement proceedings was a breach of his right to a trial within a . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 07 January 2022; Ref: scu.139081