header-logo header-logo

07 May 2009 / James Kirby
Issue: 7368 / Categories: Opinion , Public , Legal services
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll