Escobar v Director of Public Prosecutions

Escobar v Director of Public Prosecutions

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 under section 83. The judge was wrong to conclude otherwise.

Parties
Appellant: Miriam Escobar; Respondent: DPP
Jurisdiction
England and Wales
Judgment Date
06 March 2008
Procedural Posture
Criminal Appeal (case Stated) / Appeal From Crown Court to High Court (divisional Court)
Outcome
appeal allowed
Legal Topics
Confiscation Orders, Variation of Confiscation Orders, Powers of Crown Court, Time to Pay, Statutory Interpretation
Criminal Law Confiscation Proceedings Confiscation Orders Variation of Confiscation Orders Powers of Crown Court Time to Pay Statutory Interpretation

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Parties

Miriam Escobar

Appellant

DPP

Respondent

Procedural Posture

Criminal Appeal (case Stated) / Appeal From Crown Court to High Court (divisional Court)

Legal Issues

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

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 under section 83. 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