Davis v Leicestershire Constabulary [2012] EWHC 3388 (Admin) (18 July 2012)

Davis v Leicestershire Constabulary [2012] EWHC 3388 (Admin) (18 July 2012)

Section 127(1) of the Magistrates' Courts Act 1980 applies to applications for compensation under section 302 of the Proceeds of Crime Act 2002, and the six-month time limit runs from the date the police withdraw forfeiture proceedings. The claimant's application was out of time and must be dismissed.

Citation
[2012] EWHC 3388 (Admin)
Parties
Claimant: Brandon Davis; Defendant: Chief Constable of Leicestershire Constabulary
Jurisdiction
England and Wales
Judgment Date
18 July 2012
Procedural Posture
Appeal by Way of Case Stated / High Court (divisional Court) Judgment
Outcome
Appeal dismissed
Legal Topics
Proceeds of Crime, Compensation, Limitation Periods, Magistrates' Court Procedure
Criminal Law Civil Procedure Proceeds of Crime Compensation Limitation Periods Magistrates' Court Procedure

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Parties

Brandon Davis

Claimant

Chief Constable of Leicestershire Constabulary

Defendant

Procedural Posture

Appeal by Way of Case Stated / High Court (divisional Court) Judgment

Legal Issues

  1. 1 Does section 127(1) of the Magistrates' Courts Act 1980 apply to applications for compensation under section 302 of the Proceeds of Crime Act 2002?
  2. 2 When does the time limit for making such an application begin to run?

Ratio Decidendi

Section 127(1) of the Magistrates' Courts Act 1980 applies to applications for compensation under section 302 of the Proceeds of Crime Act 2002, and the six-month time limit runs from the date the police withdraw forfeiture proceedings. The claimant's application was out of time and must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The application for compensation is dismissed as out of time.
  • No order for costs against the claimant.