Shevki, R v [2000] EWCA Crim 70 (14th December, 2000)

Shevki, R v [2000] EWCA Crim 70 (14th December, 2000)

Where a judicial decision to postpone confiscation proceedings is made within the statutory period and exceptional circumstances are found, subsequent adjournments and the eventual making of the confiscation order outside the six-month period do not invalidate the order. The statutory scheme requires a timely judicial decision to postpone, not necessarily the completion of the proceedings within six months.

Citation
[2000] EWCA Crim 70
Parties
Appellant: R v Shevki; Appellant: R v Steele; Respondent: Crown
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeals dismissed
Legal Topics
Confiscation Orders, Jurisdiction of Crown Court, Drug Trafficking Act 1994, Postponement of Confiscation Determinations, Statutory Time Limits
Criminal Law Proceeds of Crime Confiscation Orders Jurisdiction of Crown Court Drug Trafficking Act 1994 Postponement of Confiscation Determinations Statutory Time Limits

Case Brief

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Parties

R v Shevki

Appellant

R v Steele

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Crown Court had jurisdiction to make confiscation orders under the Drug Trafficking Act 1994 given the dates the orders were made
  2. 2 Whether the statutory time limits for making confiscation orders were complied with
  3. 3 Whether exceptional circumstances justified postponement of confiscation determinations beyond six months from conviction

Ratio Decidendi

Where a judicial decision to postpone confiscation proceedings is made within the statutory period and exceptional circumstances are found, subsequent adjournments and the eventual making of the confiscation order outside the six-month period do not invalidate the order. The statutory scheme requires a timely judicial decision to postpone, not necessarily the completion of the proceedings within six months.

Court Disposition

appeals dismissed

Orders

  • The appeal of Shevki is dismissed; the confiscation order stands.
  • The appeal of Steele is dismissed; the confiscation order stands.