Davis v Leicestershire Constabulary

Davis v Leicestershire Constabulary

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302 of the Proceeds of Crime Act 2002, and the six-month time limit runs from the date the forfeiture proceedings are withdrawn.

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 / 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 / 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 an application for compensation under section 302 of the Proceeds of Crime Act 2002 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302 of the Proceeds of Crime Act 2002, and the six-month time limit runs from the date the forfeiture proceedings are withdrawn.

Court Disposition

Appeal dismissed

Orders

  • The application for compensation was out of time and properly dismissed.
  • No order for costs against the claimant.