A previous conviction of the defendant for a drugs related offence was admissible on a civil application for the forfeiture of cash said to represent the proceeds of drug trafficking under the section 43(1). The court observed that the circumstances in which similar fact evidence would be admitted in a criminal trial were closely circumscribed for the protection of the accused. In civil cases, on the other hand, the rules were less circumscribed because the underlying intention was not to protect one side but to be fair to both sides.
Kennedy LJ and Smith J
[1997] EWHC Admin 931
Drug Trafficking Act 1994 43(1)
England and Wales
Cited by:
Cited – O’Brien v Chief Constable of the South Wales Police CA 23-Jul-2003
The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence.
Held: Comparisons between admission of similar fact evidence in civil and criminal . .
Lists of cited by and citing cases may be incomplete.
Evidence
Updated: 03 January 2022; Ref: scu.137876
