Coleman, R. v

Coleman, R. v

The Court of Appeal is not the appropriate forum for entertaining appeals against costs orders properly made in the Crown Court at the time of sentence based solely on subsequent changes in financial circumstances; such matters should be addressed in the Magistrates' Court.

Parties
Respondent: Regina; Appellant: John Coleman
Jurisdiction
England and Wales
Judgment Date
18 October 2016
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Costs Orders, Enforcement of Costs, Change in Financial Circumstances, Confiscation Orders
Criminal Law Costs Costs Orders Enforcement of Costs Change in Financial Circumstances Confiscation Orders

Case Brief

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Parties

Regina

Respondent

John Coleman

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the Court of Appeal can quash or reduce a Crown Court costs order based on subsequent change in financial circumstances
  2. 2 Appropriate forum for enforcement and variation of costs orders

Ratio Decidendi

The Court of Appeal is not the appropriate forum for entertaining appeals against costs orders properly made in the Crown Court at the time of sentence based solely on subsequent changes in financial circumstances; such matters should be addressed in the Magistrates' Court.

Court Disposition

appeal dismissed

Orders

  • Applications to adduce fresh evidence refused
  • Further proceedings to continue in the Magistrates' Court