QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE MACKAY
|(1) H M CUSTOMS AND EXCISE|
|(2) HORSEFERRY ROAD MAGISTRATES' COURT||(DEFENDANTS)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR D HEWITT (instructed by H M CUSTOMS AND EXCISE) appeared on behalf of the FIRST DEFENDANT
Crown Copyright ©
Wednesday, 12th November 2003
"If at a time when any cash is being detained by virtue of the preceding provisions of this section -
(a) an application for its forfeiture is made under section 43 of this Act...
the cash shall not be released until any proceedings pursuant to the application or, as the case may be, the proceedings for that offence have been concluded."
"Customs Form E has been served on Horseferry Road Magistrates' Court, which stops the clock with regard to the detention period that expires on 3rd May 2002. The Court will now set a date for the forfeiture hearing, which you will be advised of in due course".
"I have been informed by the applications section of your office that a court date of 29/04/02 has been set in this matter. If possible, I would like this matter postponed sine die in order to carry out the enquiries necessary on the information provided".
"We confirm having received a message on our answer machine this morning from Hazel in your general office advising us that there was a hearing today of an application by Customs and Excise for forfeiture of cash which previously had been seized from our above client.
"We telephoned Hazel at 10 am to let her know that this was the first notification we had had of the date fixed for the application. She said she would refer the matter to a senior colleague..."
"This is to confirm that the hearing - HM Customs & Excise v Gorgievski will be on Friday 03.05.2002 at 10.30am in Court 4. All parties to attend".
It will be remembered that the authorisation of the detention of these sums under section 42 ran up to that same date.
"9(1) An application for forfeiture of cash... shall be in Form E and shall be addressed to the justices' chief executive...
(2) Where the justices' chief executive receives such an application -
(a) the clerk of the magistrates' court shall fix a date for the hearing of the application; and
(b) the justices' chief executive shall notify any persons to whom notice of an order for continued detention has been given of the application and the date fixed for the hearing."
"In the majority of cases, whether the requirement is categorised as directory or mandatory, the tribunal before whom the defect is properly raised has the task of determining what are to be the consequences of failing to comply with the requirement in the context of all the facts and circumstances of the case in which the issue arises. In such a situation that tribunal's task will be to seek to do what is just in all the circumstances".