Although the rules specified that a form should be used when making application to extend the time for which money could be held pending an application under the Act for its forfeiture, there was no enforceable duty to prove that the form had been used, and its absence was not a fatal flaw in the application. The form was not an originating process, it was not a document served on the respondents, the defendant would be notified directly. No prejudice was established by any failure to us the form.
Citations:
Times 30-Mar-2000, Gazette 30-Mar-2000, [2000] EWCA Civ 5564, (2000) 164 JP 265
Links:
Statutes:
Drug Trafficking Act 1994 42(1), Magistrates Courts (Detention and Forfeiture of Drug Trafficking Cash) Rules 1991 (1991 No 1923)
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Luton Justices ex parte Abecasis Admn 29-Jun-1999
. .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Magistrates
Updated: 20 November 2022; Ref: scu.85381