Bewick, R. v

Bewick, R. v

Compensation proceedings in the Crown Court are inappropriate where the issues are complex and contested, and where third party rights are implicated but those parties are not before the court. Such matters should be left to the civil courts.

Parties
Respondent: Regina; Appellant: Ernest Arthur Bewick
Jurisdiction
England and Wales
Judgment Date
29 November 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Compensation Order
Outcome
appeal allowed; compensation order quashed
Legal Topics
Compensation Orders, Confiscation Proceedings, Jurisdiction of Crown Court
Criminal Law Sentencing Compensation Orders Confiscation Proceedings Jurisdiction of Crown Court

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Ernest Arthur Bewick

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Compensation Order

Legal Issues

  1. 1 Whether the Crown Court had jurisdiction to make a compensation order in complex and contested circumstances where confiscation proceedings were time-barred
  2. 2 Whether compensation proceedings should be confined to simple cases

Ratio Decidendi

Compensation proceedings in the Crown Court are inappropriate where the issues are complex and contested, and where third party rights are implicated but those parties are not before the court. Such matters should be left to the civil courts.

Court Disposition

appeal allowed; compensation order quashed

Orders

  • The compensation order is quashed.