| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 243 (Oct) |
| Neutral Citation: | [2009] EWHC 755 (Admin) |
| Court: | Queen's Bench Division, Divisional Court |
| Judge: | Richards LJ and Cox J |
| Representation | Daniel Jameson (instructed by Garstangs) for the claimant. |
| Jonathan Hall instructed by and for the Revenue. | |
| Judgment Dates: | 24 March 2009 |
Catchwords
Magistrates - Warrant - Execution - Claimant convicted of drug trafficking and made subject of confiscation order - Claimant serving term of imprisonment in default of payment - Means inquiry held in respect of outstanding amount - Claimant not attending hearing - Justices purporting to issue warrant for claimant's arrest - Whether warrant lawfully exercised - ss 82, 83.
The Case
Magistrates Warrant. In proceedings relating to an unpaid confiscation order, the Divisional Court held that s83 of the could not be used to secure attendance for purposes other than those set out in s82 of the Act. Accordingly, a warrant which the justices had purported to issue for the claimant's arrest pursuant to s83 was not lawful where the claimant had already served a term of imprisonment in default of payment of a confiscation order.
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