Sekhon & Ors v R [2002] EWCA Crim 2954 (16 December 2002)

Sekhon & Ors v R [2002] EWCA Crim 2954 (16 December 2002)

Confiscation orders made without a judicial decision to postpone proceedings before sentencing are made without jurisdiction and must be quashed; procedural requirements relating to postponement are fundamental to jurisdiction, while other procedural defects may not be critical unless injustice is caused.

Source-derived case information.

Citation
[2002] EWCA Crim 2954
Parties
Appellant: Daljit Singh Sekhon; Appellant: Shangara Singh; Appellant: Satnam Singh; Appellant: Gurdev Singh Dhnoay; Appellant: Richard Michael Knights; Appellant: Kevin Maguire; Appellant: Kevin McFaul; Respondent: R; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
16 December 2002
Procedural Posture
Criminal Appeal / Court of Appeal (criminal Division) Judgment
Outcome
Appeals allowed; confiscation orders quashed.
Legal Topics
Confiscation Orders, Procedural Requirements, Jurisdiction, Postponement of Confiscation Proceedings
Criminal Law Confiscation Orders Procedural Requirements Jurisdiction Postponement of Confiscation Proceedings

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Parties

Daljit Singh Sekhon

Appellant

Shangara Singh

Appellant

Satnam Singh

Appellant

Gurdev Singh Dhnoay

Appellant

Richard Michael Knights

Appellant

Kevin Maguire

Appellant

Kevin McFaul

Appellant

R

Respondent

Crown

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal (criminal Division) Judgment

Legal Issues

  1. 1 Whether procedural defects in confiscation proceedings deprive the court of jurisdiction to make confiscation orders
  2. 2 Whether postponement of confiscation proceedings must be decided before sentencing
  3. 3 Effect of non-compliance with statutory procedural requirements

Ratio Decidendi

Confiscation orders made without a judicial decision to postpone proceedings before sentencing are made without jurisdiction and must be quashed; procedural requirements relating to postponement are fundamental to jurisdiction, while other procedural defects may not be critical unless injustice is caused.

Court Disposition

Appeals allowed; confiscation orders quashed.

Orders

  • Leave to appeal granted to Gurdev Singh Dhnoay and Kevin McFaul.
  • Confiscation orders against Daljit Singh Sekhon, Satnam Singh, Shangara Singh, Gurdev Singh Dhnoay, and Kevin McFaul quashed.