R (Faithfull) v Crown Court at Ipswich [2007] EWHC 2229 (Admin), [2007] All ER (D) 403 (Oct)
The Divisional Court does not have jurisdiction to hear an application for judicial review of a decision of a judge in the crown court not to make a compensation order.
That lack of jurisdiction did not violate the victim’s human rights. Confiscation orders formed part of a defendant’s sentence which can be appealed to the Court of Appeal. If a compensation order is not made, the victim can take action against the defendant in the civil courts.
