CRIME — Sentence — Confiscation order — Crown Court reducing amount of confiscation order and extending time for payment — Whether Crown Court having jurisdiction to make order — Criminal Justice Act 1988, ss 75(1), 83

Escobar v Director of Public Prosecutions [2008] EWHC 422 (Admin); WLR (D) 76

QBD: Maurice Kay LJ and Walker J: 6 March 2008

S 75(1) of the Criminal Justice Act 1988, incorporating s 139 of the Powers of the Criminal Courts (Sentencing) Act 2000, empowered the Crown Court to grant further time to pay when making an order under s 83 of the Criminal Justice Act 1988 reducing the amount to be recovered under a confiscation order.

The Divisional Court (Maurice Kay LJ and Walker J) so held when allowing an appeal by way of case stated by the defendant, Miriam Escobar, against a decision of Judge Robbins, sitting at the Crown Court at Southwark on 23 April 2007, that he had no power, when varying a confiscation order under s 83 of the 1988 Act to fix a time for payment. In 2001 the judge had made a confiscation order which was payable by the defendant by 18 October 2003. On 30 March 2007 he had made a further order reducing the amount payable under a confiscation order and extended time for payment until 30 March 2008. On 23 April 2007 he had made the order varying the March order on the basis that he had not had power to extend time for payment and stating that the date for payment remained 18 October 2003.

The question was whether, when making an order under s 83 of the Criminal Justice Act 1988 for the reduction of the sum payable under a confiscation order, the Crown Court had power to fix a time for payment under s 75(1) of the 1988 1988.

WALKER J said that when read as a whole s 75 was generally concerned to make provision for orders made under s 83 and that this was consistent with the natural and grammatical meaning of the relevant provisions. It removed a potential for injustice if the contrary position were to apply since it would be manifestly unjust if the statute were to require, without any scope for judicial discretion, that interest had to be paid from the date for payment fixed under the original confiscation order. The judge therefore had jurisdiction to extend time for payment when making the March 2 order; the April 2007 order was therefore quashed and the March order was to have full force and effect.

Appearances: Peter Jennings (Hickman & Rose) for the defendant; Adam Norris (Crown Prosecution Service) for the Director of Public Prosecutions.

Reported by: Jessica Giles, solicitor