Hannah Hinton wins Judicial Review of Confiscation Enforcement

27 July 2016

Hannah Hinton, instructed by Tim Huestis of Sherman Bowen Solicitors, successfully appealed the decision of a District Judge (Westminster Magistrates Court) to impose the full default term of a confiscation order made by a Crown Court in 2008 in the sum of £ 2 million. Her client, who was convicted of large-scale drug trafficking, was given a 10 year default sentence if he did not pay off the order within 2 years. Hannah represented him several years after the default sentence was imposed by Westminster Magistrates Court. The Court had miscalculated the amount of days that he was required to serve because it had not properly interpreted the wording of the relevant part of the Magistrates Court Act which deals with the enforcement of fines and confiscation orders. Her argument was that he had made a significant part-payment and was entitled to credit in the form of days off the default term. The Divisional Court granted her application for Judicial Review and varied the order which meant a reduction of approximately 9 months and his release in August 2016.   See: R, (on the application of Emu) v Westminster Magistrates' Court