| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 72 (Aug) |
| Neutral Citation: | [2009] EWHC 2004 (Admin) |
| Court: | Queen's Bench Division, Divisional Court |
| Judge: | Richards LJ and Maddison J |
| Representation | Julian Knowles for the appellant. |
| Katherine Robinson for the respondent. | |
| Judgment Dates: | 8 July 2009 |
Catchwords
Proceeds of crime - Confiscation order - Realisable assets - Obtaining money transfers by deception and using criminal property - Court making confiscation order against appellant - Order being partially satisfied - Appellant appearing before judge to answer to default in payment - Judge refusing to adjourn proceedings and committing appellant to prison - Whether judge correct - .
The Case
Proceeds of crime Confiscation order. Queen's Bench Division, Divisional Court: The court allowed an appeal by way of case stated, finding that the judge in the Sheffield Magistrates' Court had been wrong to have had refused an application to adjourn the confiscation proceedings to which the appellant had been the subject of, and to have had concluded that no other method of enforcement remained other than to commit the appellant to prison for his failure to satisfy in full the confiscation order which had been made against him.
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