Escobar v Director of Public Prosecutions [2008] EWHC 422 (Admin) (06 March 2008)

Escobar v Director of Public Prosecutions [2008] EWHC 422 (Admin) (06 March 2008)

Section 75(1) of the Criminal Justice Act 1988 operates in relation to an order under section 83, so the Crown Court has jurisdiction to fix a time for payment when varying a confiscation order. The judge was wrong to conclude otherwise.

Citation
[2008] EWHC 422 (Admin)
Parties
Appellant: Miriam Escobar; Respondent: DPP
Jurisdiction
England and Wales
Judgment Date
06 March 2008
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Confiscation Orders, Powers of Crown Court, Time to Pay, Variation of Orders
Criminal Law Confiscation Orders Powers of Crown Court Time to Pay Variation of Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Miriam Escobar

Appellant

DPP

Respondent

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the Crown Court has power under section 83 of the Criminal Justice Act 1988 to fix a time for payment when reducing the sum payable under a confiscation order

Ratio Decidendi

Section 75(1) of the Criminal Justice Act 1988 operates in relation to an order under section 83, so the Crown Court has jurisdiction to fix a time for payment when varying a confiscation order. The judge was wrong to conclude otherwise.

Court Disposition

appeal allowed

Orders

  • April 2007 Order quashed
  • March 2007 Order restored and remains in full force and effect