Deacon (R on the application of) v Wimbledon Magistrates' Court

Deacon (R on the application of) v Wimbledon Magistrates' Court

The application for judicial review is dismissed because the questions posed to the Magistrates' Court were frivolous, as the law is clear that both statutory alternatives under section 298 POCA may be considered, and the Magistrates were entitled to reject the claimant's evidence and draw inferences as to the source of the cash. No question of law arises for the High Court.

Parties
Claimant: Angela Deacon; Defendant: Wimbledon Magistrates' Court; Interested Party: The Metropolitan Police
Jurisdiction
England and Wales
Judgment Date
09 November 2021
Procedural Posture
Judicial Review / Judgment on Application for Judicial Review
Outcome
Application for judicial review dismissed
Legal Topics
Proceeds of Crime, Forfeiture of Cash, Case Stated Procedure, Money Laundering, Costs
Criminal Law Judicial Review Forfeiture Proceeds of Crime Forfeiture of Cash Case Stated Procedure Money Laundering Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Angela Deacon

Claimant

Wimbledon Magistrates' Court

Defendant

The Metropolitan Police

Interested Party

Procedural Posture

Judicial Review / Judgment on Application for Judicial Review

Legal Issues

  1. 1 Whether the Magistrates' Court acted unlawfully in refusing to state a case for the opinion of the High Court under section 111(1) of the Magistrates Court Act
  2. 2 Whether the questions posed by the claimant were frivolous or raised questions of law

Ratio Decidendi

The application for judicial review is dismissed because the questions posed to the Magistrates' Court were frivolous, as the law is clear that both statutory alternatives under section 298 POCA may be considered, and the Magistrates were entitled to reject the claimant's evidence and draw inferences as to the source of the cash. No question of law arises for the High Court.

Court Disposition

Application for judicial review dismissed

Orders

  • Claimant to pay costs of £4,500 to the Metropolitan Police within 21 days