25 April 2009

Update 01 Hidden Laws

Back in January I blogged about, Hidden laws.

In short, there was an attempt to prosecute people under laws that did not exist.

The story continues with other cases coming out of the woodwork in the following report from The Times Online, 23rd April, "Tobacco-smuggling confiscation orders under review."

Which explains,

"Confiscation orders made under old regulations in tobacco-smuggling cases had to be quashed because the prosecuting authority had overlooked the fact that new regulations had narrowed the categories of persons liable to pay excise duty."


THE VICE-PRESIDENT, giving the judgment of the court, said that these were the first cases to reach the Court of Appeal following its discovery in R v Chambers ([2008] EWCA Crim 2467) that in a number of instances, a change in the regulations which applied to tobacco-smuggling cases had been overlooked at the time of making confiscation orders following conviction.

The report also makes a point about seeking a remedy for your bogus conviction and the powers of the court of appeal.

"Where there had already been an appeal against sentence to the Court of Appeal and no reference had been made to the point under discussion, that court had no power to undertake a second appeal or to reopen the hearing. The only route was to invite the Criminal Cases Review Commission to consider the case, which was also the only possible route where a previous application for leave or an appeal had been launched and abandoned."

The report also says,

"The Revenue and Customs Prosecution Office was undertaking a review of every case in which a confiscation order had been made in a tobacco-smuggling case since June 1, 2001, to identify any case in which the wrong regulations were relied on or indirectly relied on ..."

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