Revenue & Customs Prosecution Service v Kearney

Revenue & Customs Prosecution Service v Kearney

The Crown Court lacked jurisdiction to extend the time to pay a confiscation order under the 1988 Act outside the 28-day slip rule period; the order made by the judge was without jurisdiction and must be quashed.

Parties
Claimant: Revenue and Customs Prosecution Service; Defendant: Kearney
Jurisdiction
England and Wales
Judgment Date
27 February 2007
Procedural Posture
Criminal Appeal / Appeal by Way of Case Stated
Outcome
appeal allowed
Legal Topics
Confiscation Orders, Jurisdiction, Time to Pay, Slip Rule
Criminal Law Confiscation Orders Jurisdiction Time to Pay Slip Rule

Case Brief

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Parties

Revenue and Customs Prosecution Service

Claimant

Kearney

Defendant

Procedural Posture

Criminal Appeal / Appeal by Way of Case Stated

Legal Issues

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

Ratio Decidendi

The Crown Court lacked jurisdiction to extend the time to pay a confiscation order under the 1988 Act outside the 28-day slip rule period; the order made by the judge was without jurisdiction and must be quashed.

Court Disposition

appeal allowed

Orders

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