Revenue & Customs Prosecution Office v Taylor

Revenue & Customs Prosecution Office v Taylor

The Magistrates’ Court has jurisdiction under s.77(2) Magistrates’ Courts Act 1980 to postpone the issue of a warrant of commitment for a default term imposed by the Crown Court in respect of a confiscation order under the Drug Trafficking Offences Act 1986 until after the expiry of a custodial sentence for a different offence.

Parties
Appellant: Revenue and Customs Prosecution Office; Respondent: George Taylor
Jurisdiction
England and Wales
Judgment Date
31 March 2010
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Postponement of Warrant of Commitment, Enforcement of Confiscation Orders, Jurisdiction of Magistrates' Court
Criminal Law Confiscation Proceedings Postponement of Warrant of Commitment Enforcement of Confiscation Orders Jurisdiction of Magistrates' Court

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Parties

Revenue and Customs Prosecution Office

Appellant

George Taylor

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Magistrates’ Court has power under s.77(2) Magistrates’ Courts Act 1980 to postpone the issue of a warrant of commitment in respect of a default term of imprisonment imposed by the Crown Court when making a confiscation order under the Drug Trafficking Offences Act 1986 until after the expiry of a custodial sentence for a different offence

Ratio Decidendi

The Magistrates’ Court has jurisdiction under s.77(2) Magistrates’ Courts Act 1980 to postpone the issue of a warrant of commitment for a default term imposed by the Crown Court in respect of a confiscation order under the Drug Trafficking Offences Act 1986 until after the expiry of a custodial sentence for a different offence.

Court Disposition

appeal allowed

Orders

  • District Judge had power under s.77(2) Magistrates’ Courts Act 1980 to postpone the issue of a warrant of commitment as sought.