AG v Howes [2020] JCA 147 (29 July 2020)

AG v Howes [2020] JCA 147 (29 July 2020)

The Court of Appeal has jurisdiction to extend the time to pay under a confiscation order on appeal, given the absence of such power in the Royal Court, and it is reasonable to grant the extension due to the respondent's efforts and the impact of the Covid-19 pandemic.

Citation
[2020] JCA 147
Parties
Appellant: Attorney General; Respondent: Paul Howes
Jurisdiction
Jersey
Judgment Date
29 July 2020
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
appeal allowed
Legal Topics
Confiscation Order, Extension of Time to Pay, Court Powers, Variation of Orders
Criminal Law Proceeds of Crime Confiscation Order Extension of Time to Pay Court Powers Variation of Orders

Case Brief

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Parties

Attorney General

Appellant

Paul Howes

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the Court of Appeal can extend the time to pay under a confiscation order when the Royal Court lacks such power
  2. 2 Whether the Viscount can be empowered to sell real property to satisfy a confiscation order

Ratio Decidendi

The Court of Appeal has jurisdiction to extend the time to pay under a confiscation order on appeal, given the absence of such power in the Royal Court, and it is reasonable to grant the extension due to the respondent's efforts and the impact of the Covid-19 pandemic.

Court Disposition

appeal allowed

Orders

  • Time to pay under the confiscation order extended from 12 months to 36 months.
  • Viscount empowered to sell the respondent's real property if necessary to satisfy the order.