Practice and Procedure

R (on the application of TRANS BERCKX BVBA) (Claimant) v (1) NORTH AVON MAGISTRATES' COURT (2) SWINDON MAGISTRATES' COURT (Defendants) & (1) AVON & SOMERSET CONSTABULARY (2) WILTSHIRE CONSTABULARY (Interested Parties) (2011)

PUBLISHED April 15, 2011
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[2011] EWHC 2605 (Admin)

Deprivation orders made under the Powers of Criminal Courts (Sentencing) Act 2000 s.143 in respect of lorries owned by a company were invalid and set aside as the magistrates' courts making them had failed to consider the matters they were obliged to consider in s.143(5), namely the lorries' value and the likely financial or other effect of seizure on the offender, who was not the company but a driver working for it, who had been convicted of tachograph offences.

DC (Laws LJ, Stadlen J)

15/04/2011

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