Practice and Procedure

R v JASWINDER SINGH JOHAL (2013)

PUBLISHED April 19, 2013
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A judge had not erred in finding that there were "exceptional circumstances" to justify postponing the conclusion of confiscation proceedings beyond the two-year permitted period under the Proceeds of Crime Act 2002 s.14(5) where there had been late filing of statements by the Crown and the defence, listing difficulties, and adverse weather conditions. Parliament had intended a broad interpretation of "exceptional circumstances" in s.14(4) and the failure to specify the period of postponement was not a bar to recovery as it was a procedural error and s.14(11) applied.

CA (Crim Div) (Elias LJ, Irwin J, Saunders J)

19/04/2013

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