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07 May 2009 / James Kirby
Issue: 7368 / Categories: Opinion , Public , Legal services
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Flaws in the system

Is the weight of legislation affecting the administration of justice? James Kirby reports

In R v Chambers [2008] EWCA Crim 2467, [2008] All ER (D) 170 (Oct) Mr Chambers had pleaded guilty to an offence under s 170(1)(b) of the Customs and Excise Management Act 1979.

Put briefly, 600kg of tobacco had been smuggled in to the UK from Belgium. Mr Chambers and a co-defendant were later found on commercial premises in Kent with keys to lockups containing that tobacco: £66,120 of duty had not been paid. It was never the Crown’s case that Mr Chambers had been involved in the importation, but was rather concerned in warehousing the tobacco for onward sale.

But under the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 (SI 1992/3135) the smuggler or his “consignee” are liable for the evasion of the duty payable on imported goods such as tobacco. The trial judge concluded that Mr Chambers had obtained a pecuniary advantage equal to the value of the unpaid duty. A confiscation order was made

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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