DPP v England [2011] IESC 16 (16 May 2011)

DPP v England [2011] IESC 16 (16 May 2011)

The application for forfeiture under s.39 of the Criminal Justice Act, 1994 must be made while the cash is detained under s.38. The mere issuance of a notice of motion does not constitute 'making' the application; the application is made when it is moved in court or, at minimum, when notice is served. In this case, both service and the making of the application occurred after the expiry of the last detention order, so the statutory precondition for forfeiture was not met.

Citation
[2011] IESC 16
Parties
Applicant/respondent: Director of Public Prosecutions; Respondent/appellant: David Anthony England
Jurisdiction
Ireland
Judgment Date
16 May 2011
Procedural Posture
Case Stated / Supreme Court Appeal From High Court
Outcome
Question answered in the negative; application for forfeiture not validly made under s.39 as cash was not detained under s.38 at the time of application.
Legal Topics
Forfeiture of Cash, Drug Trafficking Proceeds, Jurisdiction Under Criminal Justice Act 1994, Interpretation of 'application Made', Procedural Requirements for Forfeiture
Criminal Law Statutory Interpretation Forfeiture of Cash Drug Trafficking Proceeds Jurisdiction Under Criminal Justice Act 1994 Interpretation of 'application Made' Procedural Requirements for Forfeiture

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Parties

Director of Public Prosecutions

Applicant/respondent

David Anthony England

Respondent/appellant

Procedural Posture

Case Stated / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether an application for forfeiture under s.39 of the Criminal Justice Act, 1994 must be made while cash is detained under s.38
  2. 2 Whether issuing a notice of motion constitutes 'making' an application under s.39
  3. 3 Whether the statutory language permits a purposive interpretation in this context

Ratio Decidendi

The application for forfeiture under s.39 of the Criminal Justice Act, 1994 must be made while the cash is detained under s.38. The mere issuance of a notice of motion does not constitute 'making' the application; the application is made when it is moved in court or, at minimum, when notice is served. In this case, both service and the making of the application occurred after the expiry of the last detention order, so the statutory precondition for forfeiture was not met.

Court Disposition

Question answered in the negative; application for forfeiture not validly made under s.39 as cash was not detained under s.38 at the time of application.