Revenue and Customs Prosecution Office (RCPO) v Iqbal

Revenue and Customs Prosecution Office (RCPO) v Iqbal

Parliament intended that any application to extend a period of postponement for confiscation proceedings must be made before the permitted period expires; absent such application or order, the court lacks jurisdiction to entertain the application after the permitted period.

Parties
Appellant: RCPO; Respondent: Iqbal
Jurisdiction
England and Wales
Judgment Date
03 February 2010
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Confiscation Orders, Jurisdiction, Proceeds of Crime Act 2002, Postponement of Proceedings
Criminal Law Confiscation Orders Jurisdiction Proceeds of Crime Act 2002 Postponement of Proceedings

Case Brief

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Parties

RCPO

Appellant

Iqbal

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the Crown Court had jurisdiction to entertain an application for a confiscation order after the expiry of the permitted period under section 14 of the Proceeds of Crime Act 2002

Ratio Decidendi

Parliament intended that any application to extend a period of postponement for confiscation proceedings must be made before the permitted period expires; absent such application or order, the court lacks jurisdiction to entertain the application after the permitted period.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no jurisdiction to entertain application for confiscation order after expiry of permitted period.