Revenue and Customs, R (on the application of) v Pisciotto

Revenue and Customs, R (on the application of) v Pisciotto

A caution under Code C10 of PACE is not required when questioning is for civil forfeiture proceedings and not for criminal prosecution; section 78 of PACE does not apply to civil proceedings under POCA; the exclusion of evidence by the court below was incorrect and is quashed.

Parties
Claimant: Commissioners of Her Majesty's Revenue and Customs; Defendant: Pisciotto
Jurisdiction
England and Wales
Judgment Date
14 July 2009
Procedural Posture
Appeal / Judgment
Outcome
ruling quashed
Legal Topics
Caution Requirements, Admissibility of Evidence, Application of PACE in Civil Proceedings, POCA Procedures
Civil Forfeiture Criminal Procedure Caution Requirements Admissibility of Evidence Application of PACE in Civil Proceedings POCA Procedures

Case Brief

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Parties

Commissioners of Her Majesty's Revenue and Customs

Claimant

Pisciotto

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a caution must be administered under Code C10 of PACE when questioning for civil forfeiture proceedings
  2. 2 Whether answers or silence given in civil proceedings require a caution under Code C10
  3. 3 Whether failure to inform the respondent that answers would only be used in civil proceedings affects the caution requirement

Ratio Decidendi

A caution under Code C10 of PACE is not required when questioning is for civil forfeiture proceedings and not for criminal prosecution; section 78 of PACE does not apply to civil proceedings under POCA; the exclusion of evidence by the court below was incorrect and is quashed.

Court Disposition

ruling quashed

Orders

  • The ruling of the court below excluding the further evidence of the customs officer is quashed.
  • No other order is sought or necessary.