Crown Prosecution Service, R (on the application of) v Cambridge Crown Court

Crown Prosecution Service, R (on the application of) v Cambridge Crown Court

The court held that the proper route for the prosecution was to appeal the decision not to make a confiscation order under section 6, rather than seek judicial review, as section 31(2) of the Proceeds of Crime Act 2002 provides for such an appeal and judicial review is excluded where an appeal is available.

Parties
Claimant: Crown Prosecution Service; Defendant: Cambridge Crown Court
Jurisdiction
England and Wales
Judgment Date
19 February 2010
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Confiscation Proceedings, Absconding Defendant, Appeal Mechanisms
Criminal Law Judicial Review Proceeds of Crime Confiscation Proceedings Absconding Defendant Appeal Mechanisms

Case Brief

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Parties

Crown Prosecution Service

Claimant

Cambridge Crown Court

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Crown Court judge erred in terminating confiscation proceedings under section 6 of the Proceeds of Crime Act 2002 due to the defendant's absence
  2. 2 Whether judicial review is the appropriate remedy or whether an appeal lies under section 31 of the Proceeds of Crime Act 2002
  3. 3 Whether the defendant's conduct constituted absconding for the purposes of section 6(8) and section 27 of the Proceeds of Crime Act 2002

Ratio Decidendi

The court held that the proper route for the prosecution was to appeal the decision not to make a confiscation order under section 6, rather than seek judicial review, as section 31(2) of the Proceeds of Crime Act 2002 provides for such an appeal and judicial review is excluded where an appeal is available.

Court Disposition

Application for judicial review dismissed

Orders

  • Application for judicial review is dismissed as an appeal is the appropriate remedy under section 31(2) of the Proceeds of Crime Act 2002.