Director of Revenue and Customs Prosecutions, R (on the application of) v Birmingham Magistrates' Court & Anor

Director of Revenue and Customs Prosecutions, R (on the application of) v Birmingham Magistrates' Court & Anor

The default term for non-payment of the confiscation order forms part of the original sentence for which Mr Woolley was extradited. There is no breach of the rule of specialty under section 151 of the Extradition Act 2003 or Article 14 of the European Convention on Extradition. The misunderstanding or reservation of the Swiss authorities does not preclude enforcement, and there is no abuse of process in proceeding with enforcement of the default term.

Parties
Claimant: The Director of Revenue and Customs Prosecutions (RCPO); Defendant: Birmingham Magistrates' Court; Interested Party: Raymond Woolley
Jurisdiction
England and Wales
Judgment Date
15 January 2010
Procedural Posture
Judicial Review and Committal for Contempt / Divisional Court Judgment on Consolidated Judicial Review Applications and Committal Application
Outcome
RCPO’s application for judicial review succeeds; Mr Woolley’s application is dismissed.
Legal Topics
Abuse of Process, Rule of Specialty, Confiscation Orders, Extradition Proceedings, Enforcement of Sentences
Criminal Law Extradition Law Public Law Abuse of Process Rule of Specialty Confiscation Orders Extradition Proceedings Enforcement of Sentences

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Parties

The Director of Revenue and Customs Prosecutions (RCPO)

Claimant

Birmingham Magistrates' Court

Defendant

Raymond Woolley

Interested Party

Procedural Posture

Judicial Review and Committal for Contempt / Divisional Court Judgment on Consolidated Judicial Review Applications and Committal Application

Legal Issues

  1. 1 Whether the Magistrates’ Court had jurisdiction to determine the abuse of process argument
  2. 2 Whether enforcement of the default term for non-payment of a confiscation order would breach the rule of specialty under extradition law
  3. 3 Whether it would be an abuse of process to enforce the default term in the circumstances

Ratio Decidendi

The default term for non-payment of the confiscation order forms part of the original sentence for which Mr Woolley was extradited. There is no breach of the rule of specialty under section 151 of the Extradition Act 2003 or Article 14 of the European Convention on Extradition. The misunderstanding or reservation of the Swiss authorities does not preclude enforcement, and there is no abuse of process in proceeding with enforcement of the default term.

Court Disposition

RCPO’s application for judicial review succeeds; Mr Woolley’s application is dismissed.

Orders

  • RCPO’s application for judicial review granted
  • Mr Woolley’s application for judicial review dismissed