I retired from the magistracy in 2015 after 17 years mainly as a presiding justice

United Kingdom
My current blog can be accessed at https://thejusticeofthepeaceblog.blogspot.com/

A STRANGE APPLICATION OF PROCEEDS OF CRIME ACT

 17. Jan. 2010. – 17:05:37

Quoted below is a report published today in the Huddersfield Examiner
Cans of beer seized from a Huddersfield shop are set be donated to charity. The landmark decision by Huddersfield magistrates yesterday came after licensing officers and police discovered Gohar Superstores in Paddock was selling alcohol without the necessary licenses.Now magistrates have ordered that the £300 worth of booze seized from the Church Street shop goes to Kirkwood Hospice.
It is thought to be the first time Huddersfield magistrates have written the name of a charity into a judgement for seized goods.Shop owner Allah Ditta Gohar was fined £605 for the offence at Huddersfield Magistrates Court yesterday.
Mr Gohar claimed he thought a former business partner had obtained the licences but council officers said no applications had ever been made.
Kirklees Council’s prosecutor Carol English said it was the first time she had used seizure powers to benefit a particular charity and said it was the idea of licensing manager Cath Walter.

This is a very strange application of Section 58 Power to sell seized personal property {obtained by criminality} my parenthesis: England and Wales. As far as I can see there is no authority in the Act for donations to charity of seized goods. On the contrary the powers are to sell the goods so that the proceeds go into the big tin box under his bed where the Chancellor or the Exchequer keeps all the nation`s loose change. Who knows where this could end? I`ll say it again....a very strange disposal of assets.

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