T, R. v

T, R. v

The court held that there were exceptional circumstances justifying postponement beyond the permitted period, and that failure to expressly consider them did not invalidate jurisdiction to entertain confiscation proceedings. Leave to appeal was granted and the appeal allowed.

Parties
Applicant: Regina; Respondent: T
Jurisdiction
England and Wales
Judgment Date
16 September 2010
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Appeal
Outcome
appeal allowed
Legal Topics
Confiscation Proceedings, Jurisdiction, Exceptional Circumstances, Time Limits
Criminal Law Proceeds of Crime Confiscation Proceedings Jurisdiction Exceptional Circumstances Time Limits

Case Brief

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Parties

Regina

Applicant

T

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the Crown Court had jurisdiction to entertain confiscation proceedings after expiry of the permitted period under section 14 of the Proceeds of Crime Act 2002
  2. 2 Whether exceptional circumstances existed to justify postponement beyond the permitted period
  3. 3 Whether express consideration of exceptional circumstances was required

Ratio Decidendi

The court held that there were exceptional circumstances justifying postponement beyond the permitted period, and that failure to expressly consider them did not invalidate jurisdiction to entertain confiscation proceedings. Leave to appeal was granted and the appeal allowed.

Court Disposition

appeal allowed

Orders

  • Leave to appeal granted.
  • Direction to Crown Court to proceed afresh under section 6 of POCA 2002.