The court was considering the terms of a confiscation order. It decided to postpone the decision beyond the six month limit. Questions had arisen about the apparent shift of the burden of proof. Two cases were due to be heard by the Court of Appeal which would affect the issue before the court.
Held: The anticipation of decisions by a senior court could be an exceptional circumstance where further information was required, and which could justify such an adjournment.
Lord Justice Potter, Mrs Justice Rafferty and Mr Justice Hedley
Times 04-Jul-2002, Gazette 04-Jul-2002, [2002] 1 WLR 3017, [2002] EWCA Crim 1326
Bailii
Drug Trafficking Act 1994 3
England and Wales
Cited by:
Cited – Commissioners of Customs and Excise v DFS Furniture Company Plc ChD 16-Apr-2003
The Commissioners had been ordered to repay VAT to the taxpayer. A subsequent decision of the ECJ meant that the sum should have been repaid to the Commissioners. The taxpayer now alleged that the commissioners were out of the two year maximum time . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 23 December 2021; Ref: scu.174174
