Harrison, R (on the application of) v Birmingham Magistrate's Court & Anor (Rev 1) [2011] EWCA Civ 332 (25 March 2011)

Harrison, R (on the application of) v Birmingham Magistrate's Court & Anor (Rev 1) [2011] EWCA Civ 332 (25 March 2011)

The appellant had no notice of the forfeiture hearing, denying her the right to be heard and breaching natural justice. The forfeiture order must be quashed as the process was unfair, regardless of propriety by the tribunal or prosecutor.

Citation
[2011] EWCA Civ 332
Parties
Appellant: Nashika Harrison; First Respondent: Birmingham Magistrate's Court; Second Respondent: Chief Constable of West Midlands Police
Jurisdiction
England and Wales
Judgment Date
25 March 2011
Procedural Posture
Judicial Review Appeal / Appeal From Refusal of Permission for Judicial Review
Outcome
Order of 29 April 2008 quashed; appeal allowed.
Legal Topics
Forfeiture of Cash, Service of Notice, Natural Justice, Judicial Review, Proceeds of Crime Act
Administrative Law Criminal Law Civil Procedure Forfeiture of Cash Service of Notice Natural Justice Judicial Review Proceeds of Crime Act

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Parties

Nashika Harrison

Appellant

Birmingham Magistrate's Court

First Respondent

Chief Constable of West Midlands Police

Second Respondent

Procedural Posture

Judicial Review Appeal / Appeal From Refusal of Permission for Judicial Review

Legal Issues

  1. 1 Whether the appellant had notice of the forfeiture hearing
  2. 2 Whether the forfeiture order should be quashed due to lack of notice
  3. 3 Whether proper service was effected under Magistrates' Courts Rules

Ratio Decidendi

The appellant had no notice of the forfeiture hearing, denying her the right to be heard and breaching natural justice. The forfeiture order must be quashed as the process was unfair, regardless of propriety by the tribunal or prosecutor.

Court Disposition

Order of 29 April 2008 quashed; appeal allowed.

Orders

  • Forfeiture order quashed.
  • Police may seek determination afresh in Magistrates' Court if they wish to retain the money.