Practice and Procedure

CROWN PROSECUTION SERVICE (Claimant) v DERBY & SOUTH DERBYSHIRE MAGISTRATES' COURT (Defendant) & ELMSLEY BARRETT (Interested Party) (2010)

PUBLISHED February 5, 2010
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[2010] EWHC 370 (Admin)

While a district judge had been entitled to order the stay of enforcement proceedings by way of criminal sanction in respect of a confiscation order on the basis that there had been a delay of six years, in breach of the European Convention on Human Rights 1950 art.6, it was not appropriate to stay all enforcement action, including that by way of civil remedy, where that had the effect of ceasing such limited monthly payments as were being made to the victims of theft by way of compensation.

DC (Elias LJ, Calvert Smith J)

05/02/2010

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