Revenue & Customs Prosecution Service v Kearney [2007] EWHC 640 (Admin) (27 February 2007)

Revenue & Customs Prosecution Service v Kearney [2007] EWHC 640 (Admin) (27 February 2007)

The Crown Court has no jurisdiction to extend the time to pay a confiscation order under the Criminal Justice Act 1988 after the expiry of the 28-day slip rule period; any such extension is ultra vires and must be quashed.

Citation
[2007] EWHC 640 (Admin)
Parties
Claimant: Revenue and Customs Prosecution Service; Defendant: Kearney
Jurisdiction
England and Wales
Judgment Date
27 February 2007
Procedural Posture
Appeal by Way of Case Stated / High Court (queen's Bench Division, Divisional Court)
Outcome
Appeal allowed; order of the Crown Court quashed.
Legal Topics
Confiscation Orders, Jurisdiction of Crown Court, Time to Pay Orders, Slip Rule, Enforcement of Orders
Criminal Law Proceeds of Crime Confiscation Orders Jurisdiction of Crown Court Time to Pay Orders Slip Rule Enforcement of Orders

Case Brief

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Parties

Revenue and Customs Prosecution Service

Claimant

Kearney

Defendant

Procedural Posture

Appeal by Way of Case Stated / High Court (queen's Bench Division, Divisional Court)

Legal Issues

  1. 1 Whether the Crown Court has jurisdiction to extend time to pay a confiscation order under the Criminal Justice Act 1988 after expiry of the 28-day slip rule period

Ratio Decidendi

The Crown Court has no jurisdiction to extend the time to pay a confiscation order under the Criminal Justice Act 1988 after the expiry of the 28-day slip rule period; any such extension is ultra vires and must be quashed.

Court Disposition

Appeal allowed; order of the Crown Court quashed.

Orders

  • The order extending time to pay is quashed.
  • No order as to costs.