In re External Confiscation Order [2016] 2 JLR 454 (22 November 2016)
- Citation
- [2016] 2 JLR 454
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Application to Set Aside Registration of External Confiscation Order
More details
- Posture
- Criminal / Application to Set Aside Registration of External Confiscation Order
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Registration of the external confiscation order in Jersey is set aside under the court's inherent jurisdiction and as a matter of comity, following the foreign court's decision to set aside the order.
Court disposition
Registration of external confiscation order set aside; confiscated moneys (with accrued interest) ordered to be paid to defendant.
Orders
- Viscount to pay confiscated moneys with accrued interest to defendant
02
Material facts
Parties
Viscount
RespondentDefendant
ApplicantAmounts and remedies
- Accrued Interest: 0
03
Procedural history
Posture
Criminal / Application to Set Aside Registration of External Confiscation Order
04
Questions and positions
Legal issues
- 01
Whether registration of an external confiscation order in Jersey should be set aside if the order is set aside by a foreign court
- 02
Whether the confiscated moneys should be returned to the defendant
Party arguments
- Applicant
- The external confiscation order was set aside by the foreign court on appeal; registration in Jersey should also be set aside and confiscated moneys returned.
- Respondent
- No substantive opposition; compliance with foreign court's decision and comity.
05
Court’s reasoning
Legal principles
- 01
Jersey criminal procedure
Court's inherent jurisdiction to set aside registration of external confiscation orders if the underlying order is set aside by the foreign court
- 02
International law
Comity requires recognition of foreign court's decision
06
Ratio, limits and disposition
Ratio decidendi
Registration of the external confiscation order in Jersey is set aside under the court's inherent jurisdiction and as a matter of comity, following the foreign court's decision to set aside the order.
Obiter and limits
- The moneys are not proceeds of crime and therefore not subject to money laundering provisions.
Court disposition
Registration of external confiscation order set aside; confiscated moneys (with accrued interest) ordered to be paid to defendant.
- Viscount to pay confiscated moneys with accrued interest to defendant
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> In re External Confiscation Order [2016] 2 JLR 454 (22 November 2016) URL: https://www.bailii.org/je/cases/JLR/2016/JLR162454.html Cite as: [2016] 2 JLR 454 [ New search ] [ Help ] In re External Confiscation Order 2016 (2) JLR 454 (22 November 2016) Criminal Procedure-proceeds of criminal conduct-external confiscation orders-registration in Jersey-cancellation-if external confiscation order set aside by foreign court on defendant's successful appeal, registration of order in Jersey set aside under court's inherent jurisdiction and as matter of comity-Viscount ordered to pay confiscated moneys (with accrued interest) to defendant-not money laundering, as moneys not proceeds of crime The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2016 (2) JLR 454 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2016/JLR162454.html
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