| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 67 (Jan) |
| Neutral Citation: | [2010] EWHC 12 (Admin) |
| Court: | Queen's Bench Division, Divisional Court |
| Judge: | Laws LJ and Sir Thayne Forbes |
| Representation | David Perry QC and Rupert Jones instructed by and for RCPO. |
| The magistrates' court was not represented. | |
| Mark Summers (instructed by Garstangs) for W. | |
| Judgment Dates: | 15 January 2010 |
Catchwords
Magistrates - Adjournment - Jurisdiction - Confiscation enforcement proceedings - Person convicted of conspiracy to cheat public revenue being made subject of confiscation enforcement proceedings - Person extradited to United Kingdom to serve remainder of sentence for offence - Allegation of breach of specialty rule - District judge deciding to adjourn proceedings to allow for High Court to make declaration as to whether abuse of process for judge to determine proceedings - Whether judge erring in concluding magistrates' court having no jurisdiction to entertain abuse of process argument - Whether breach of specialty rule - Whether abuse of process to take and/or continue proceedings.
The Case
Magistrates Adjournment. The Divisional Court held that the district judge's decision to adjourn confiscation enforcement proceedings that had been brought by Revenue and Customs Prosecutions Office (RCPO) against W, who had been convicted of, inter alia, conspiracy to cheat the public revenue, was not in error. The judge had jurisdiction to entertain an argument based on 'abuse of process' and to then give his decision to adjourn; further, there was no infringement of the rule of specialty, and, on the facts, there was no abuse of process involved in proceeding to enforce a default term against W.
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