||All England Reporter
|| All ER (D) 236 (May)
|| EWHC 1617 (Admin)
||Queen's Bench Division, Divisional Court
Elias LJ and Keith J (Judgment delivered extempore)
||Brendan Kelly QC (instructed by the Creed Lane Law Group) for S.
||Kieran Galvin (instructed by Bark & Co) for HF.
||James Dennison (instructed by the Crown Prosecution Service) for the defendant.
||25 May 2010
Criminal law - Confiscation order - Default - Claimants convicted of conspiracy to defraud and judge ordering confiscation order with default term of two years' imprisonment - Difficulties arising in realisation of claimants' assets - District judge making decision to commit claimants for non-payment approximately seven years later - Whether district judge erring - European Convention on Human Rights, art 6.
Criminal law Confiscation order. The Divisional Court allowed the claimants' applications for judicial review of the district judge's decision on the ground that a sentence of imprisonment for default of a confiscation order had been unreasonable in the light of the delay that occurred and amounted to a breach of the claimants' rights under art6 of the European Convention on Human Rights.
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