In the matter of Johnson [2010] JRC 206A (17 November 2010)

In the matter of Johnson [2010] JRC 206A (17 November 2010)

Notice must be given to the person who is the subject of the external confiscation order before registration under Article 39, as the Court exercises final jurisdiction and fairness requires the opportunity to be heard.

Citation
[2010] JRC 206A
Parties
Respondent: Dale Anthony Johnson; Applicant: Attorney General
Jurisdiction
Jersey
Judgment Date
17 November 2010
Procedural Posture
Application to Register External Confiscation Order / Pre Registration Hearing
Outcome
Application must be served personally on DAJ with a return date for hearing.
Legal Topics
Registration of External Confiscation Orders, Notice Requirements, Interests of Justice, Saise Judiciaire
Criminal Law Confiscation International Enforcement Registration of External Confiscation Orders Notice Requirements Interests of Justice Saise Judiciaire

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Parties

Dale Anthony Johnson

Respondent

Attorney General

Applicant

Procedural Posture

Application to Register External Confiscation Order / Pre Registration Hearing

Legal Issues

  1. 1 Is notice to the subject of an external confiscation order required at the stage of registration under Article 39 of the Modified Law?
  2. 2 What is the nature of the Court's jurisdiction when registering an external confiscation order?

Ratio Decidendi

Notice must be given to the person who is the subject of the external confiscation order before registration under Article 39, as the Court exercises final jurisdiction and fairness requires the opportunity to be heard.

Court Disposition

Application must be served personally on DAJ with a return date for hearing.

Orders

  • Attorney General's application to register the external confiscation order must be served personally on DAJ out of the jurisdiction.
  • Return date set for hearing at 10:00 a.m. on Friday 26th November.