Source: All England Reporter
Publisher Citation: [2010] All ER (D) 236 (May)
Neutral Citation: [2010] EWHC 1617 (Admin)
Court: Queen's Bench Division, Divisional Court

Elias LJ and Keith J (Judgment delivered extempore)

Representation 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.
Judgment Dates: 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.

The Case

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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