Practice and Procedure

R (on the application of EVANS) v NORTH SOMERSET MAGISTRATES' COURT (2012)

PUBLISHED April 27, 2012

[2012] EWHC 2382 (Admin)

Where the sum due under a confiscation order made by the Crown Court, stated on its face to be paid as compensation to the victim, had been reduced to nil by that Court, a magistrates court had erred in committing the payer to prison for non payment of the outstanding compensation order as it had failed to have regard to the Crown Court orders by which it was accepted both that the payer had no assets to meet the confiscation order and that the confiscation order was linked expressly to compensation. It had further erred in eliding the payer's and her husband's resources.

DC (Moses LJ, Eady J)