R (Lloyd) v Bow Street Magistrates Court [Queen's bench divisional court]
| Jurisdiction | England & Wales |
| Judgment Date | 08 October 2003 |
| Date | 08 October 2003 |
| Court | Queen's Bench Division (Administrative Court) |
Queen's bench divisional court
Before Lord Justice Dyson and Mr Justice Jackson
Confiscation order - proceedings for enforcement of order - reasonable time provisions of article 6.1 of Human Rights Convention applicable
The reasonable time provisions in the right to a fair trial guaranteed by article 6.1 of the European Convention on Human Rights applied to proceedings before magistrates for the enforcement of a confiscation order. The Queen's Bench Divisional Court so held in allowing a claim for judicial review by Leonard Lloyd of the refusal by District Judge Evans, at Bow Street Magistrates Court on October 9, 2002, to grant him a stay in respect of proceedings to enforce a confiscation order made against him.
The claimant was convicted of conspiracy to handle stolen goods in May 1996. On June 21, 1996, a confiscation order was made under section 73(6) of the Criminal Justice Act 1988 in the sum of Pounds 33,326, payable within 12 months, with a term of 18 months' imprisonment in default. By June 1997, the claimant had paid Pounds 6,339.
In December 1999, the Crown Prosecution Service wrote to the magistrates court, inviting it to consider enforcement action. In January 2001, the court issued a summons for the enforcement of the order by means of a warrant to commit the claimant to custody for non-payment of the outstanding amount.
The claimant surrendered to the summons in November 2001 but the hearing of the summons did not take place until October 9, 2002. At the hearing, the claimant submitted that the proceedings to enforce the confiscation order should be stayed on the ground that the delay involved a violation of his rights under article 6.1 of the Human Rights Convention. The district judge refused.
Mr Steven Powles for the claimant; the magistrates court did not appear and was not represented; Ms Linda Saunt for the Central Confiscation Branch as an interested party.
LORD JUSTICE DYSON said that...
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