South Yorkshire Police, R (on the application of) v Sheffield Crown Court & Anor

South Yorkshire Police, R (on the application of) v Sheffield Crown Court & Anor

The Crown Court judge erred in law by applying the wrong statutory test under section 59(3)(d) and ordering the return of property without determining whether there were reasonable grounds for believing the property was obtained in consequence of an offence and should be retained under section 56. The order must be quashed.

Parties
Claimant: Chief Constable of South Yorkshire Police; 1st Defendant: Sheffield Crown Court; 2nd Defendant: Aluminium Recycling (UK) Ltd; Interested Party: British Telecommunications Plc
Jurisdiction
England and Wales
Judgment Date
24 January 2014
Procedural Posture
Judicial Review / Judgment on Application to Quash Crown Court Order
Outcome
Order of the Crown Court quashed; costs to be determined.
Legal Topics
Seizure of Property, Return of Seized Property, Procedural Fairness, Statutory Interpretation
Criminal Law Judicial Review Police Powers Seizure of Property Return of Seized Property Procedural Fairness Statutory Interpretation

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Parties

Chief Constable of South Yorkshire Police

Claimant

Sheffield Crown Court

1st Defendant

Aluminium Recycling (UK) Ltd

2nd Defendant

British Telecommunications Plc

Interested Party

Procedural Posture

Judicial Review / Judgment on Application to Quash Crown Court Order

Legal Issues

  1. 1 Whether the Crown Court judge had power to order return of seized property under section 59 of the Criminal Justice and Police Act 2001
  2. 2 Whether the judge applied the correct statutory test under section 59(3)(d)
  3. 3 Whether procedural fairness was afforded to interested parties, particularly BT

Ratio Decidendi

The Crown Court judge erred in law by applying the wrong statutory test under section 59(3)(d) and ordering the return of property without determining whether there were reasonable grounds for believing the property was obtained in consequence of an offence and should be retained under section 56. The order must be quashed.

Court Disposition

Order of the Crown Court quashed; costs to be determined.

Orders

  • Order of Judge Moore QC dated 8 April 2013 quashed.
  • No order as to BT's costs.