Crown Prosecution Service v Greenacre
The magistrates' court does not have power under section 75(2) of the Magistrates Courts Act 1980 to allow further time to pay a confiscation order made by the Crown Court under the Criminal Justice Act 1988, nor to vary the date from which interest on the order begins to accrue.
- Parties
- Appellant: Crown Prosecution Service; Respondent: Lee Greenacre
- Jurisdiction
- England and Wales
- Judgment Date
- 03 April 2007
- Procedural Posture
- Criminal Appeal by Way of Case Stated / Divisional Court Judgment
- Outcome
- Appeal allowed; question in case stated answered in the negative.
- Legal Topics
- Enforcement of Confiscation Orders, Powers of Magistrates' Court, Interpretation of Magistrates Courts Act 1980 Section 75(2)
Case Brief
Summary, issues, holding and outcome
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Parties
Crown Prosecution Service
Appellant
Lee Greenacre
Respondent
Procedural Posture
Criminal Appeal by Way of Case Stated / Divisional Court Judgment
Legal Issues
- 1 Whether a magistrates' court has power under section 75(2) of the Magistrates Courts Act 1980 to allow a defendant further time to pay a confiscation order made under the Criminal Justice Act 1988 by the Crown Court and consequently power to vary the date from which interest on the confiscation order begins to accrue
Ratio Decidendi
The magistrates' court does not have power under section 75(2) of the Magistrates Courts Act 1980 to allow further time to pay a confiscation order made by the Crown Court under the Criminal Justice Act 1988, nor to vary the date from which interest on the order begins to accrue.
Court Disposition
Appeal allowed; question in case stated answered in the negative.
Full Case Text
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