Representation of Viscount [2008] JRC 212 (10 December 2008)

Representation of Viscount [2008] JRC 212 (10 December 2008)

The confiscation order has not yet been satisfied; Article 20 requires payments as directed by the court, then Viscount's fees and expenses, then application of balance to the confiscation order. The court directs the prison authorities to treat the defendant as serving a 6-year sentence until 7 January 2009 or earlier satisfaction of the order.

Citation
[2008] JRC 212
Parties
Applicant: Viscount; Defendant: Peter Michel; Respondent: Crown
Jurisdiction
Jersey
Judgment Date
10 December 2008
Procedural Posture
Representation / Post Conviction Directions
Outcome
Directions issued; extension of time for payment granted.
Legal Topics
Money Laundering, Confiscation Orders, Costs, Statutory Interpretation
Criminal Law Asset Recovery Money Laundering Confiscation Orders Costs Statutory Interpretation

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Parties

Viscount

Applicant

Peter Michel

Defendant

Crown

Respondent

Procedural Posture

Representation / Post Conviction Directions

Legal Issues

  1. 1 Has the defendant complied with the confiscation order?
  2. 2 Interpretation of Article 20 of the Proceeds of Crime (Jersey) Law 1999 regarding payment priorities.

Ratio Decidendi

The confiscation order has not yet been satisfied; Article 20 requires payments as directed by the court, then Viscount's fees and expenses, then application of balance to the confiscation order. The court directs the prison authorities to treat the defendant as serving a 6-year sentence until 7 January 2009 or earlier satisfaction of the order.

Court Disposition

Directions issued; extension of time for payment granted.

Orders

  • The Viscount is empowered to realise sufficient cash from property vested in him to pay the costs order (£1,665,598) and the confiscation order (£9,730,152).
  • Payments to be made within 21 days in the specified order: (i) £1,665,598 to nominated account for costs, (ii) £9,730,152 (less Viscount's fees and expenses) to Criminal Offences Confiscation Fund.