QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE HICKINBOTTOM
|THE QUEEN ON THE APPLICATION OF|
|GLADYS POPOOLA Claimant|
|WESTMINSTER MAGISTRATES' COURT||Defendant|
|THE CROWN PROSECUTION SERVICE||Interested Party|
8th Floor, 165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7404 1424
(Official Shorthand Writers to the Court)
The Res Thomas Cleeve (instructed by Kayders Solicitors) appeared on behalf of the Appellant
pondent was not represented and did not appear
Daniel Bunting (instructed by the Crown Prosecution Service) appeared on behalf of the Interested Party
Crown Copyright ©
"(2) Where, after a period of imprisonment or other detention has been imposed on any person in default of payment of any sum adjudged to be paid by the conviction or order of a magistrates' court or for want of sufficient distress to satisfy such a sum, payment is made in accordance with rules of court of part of the sum, the period of detention shall be reduced by such number of days as bears to the total number of days in that period less one day the same proportion as the amount so paid bears to so much of the said sum, and the costs and charges of any distress levied to satisfy that sum, as was due at the time the period of detention was imposed."
There are other means of enforcement of an unmet confiscation order, for example (i) by section 87(1) the Magistrates' Courts Act 1980, a fine (and thus a sum due under a confiscation order) is deemed the equivalent of a civil judgment debt and so can be enforced by any means available in respect of such debts; and (ii) under section 50 of POCA, the prosecutor may apply to the Crown Court for the appointment of an enforcement receiver in respect of realisable property, and the court may confer on any receiver appointed various powers including the power to realise the property in such manner as the court may specify.
(i) 25. the extended time for payment had passed;
(ii) 26. the only sums that had been paid towards the sum due were small monthly sums – we now understand in the region of £15 per month – paid out of the Claimant's benefits;
(iii) 27. a higher offer of £236,000 for Earlham Grove had been received; and
(iv) 28. the Claimant's son was asserting a 50 per cent interest in Earlham Grove on the basis I have described.
(i) 33. for the sale of Earlham Grove to be concluded, and any application to the CPS and/or DWP to be made for the money to be held by solicitors pending resolution of third party claims, rather than to be paid over to the CPS in part-satisfaction of the sum due under the confiscation order. I pause there to note that the CPS had already provided a consent to release Earlham Grove from the restraint order; and had already provided an undertaken to remove the restriction on the Land Registry, but only upon payment to them (the CPS) of the net proceeds of sale as a payment towards the sum due under the confiscation order;
(ii) 34. for the Claimant to be advised upon any appeal of or variation to the confiscation order and "that appeal/application to be made" presumably, if advised to make an application or bring an appeal, by the time of the December 2014 hearing; and
(iii) 35. for the Claimant to provide an update of the value and status of all her assets.
"The order was made in May 2013. We are still waiting in December 2014. I do not accept the argument about any wrong advice given to Ms Popoola in the Crown Court. The enforcement stage was not the place for competing interests on the confiscated property to be canvassed. That would be done - or should have been done - in the Crown Court. The interests of third parties could have been raised in the Crown Court, but were not. In any event the judge at the Crown Court would have seen what properties were held in joint names. Nothing had been done since the order was made. It was ordered to be paid by May 2014. Nothing has been paid. Ms Popoola has not co-operated. She is delaying. The only way to enforce the order is to activate the default sentence."
Ground 1: Alternative Means of Enforcement