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30-12-2018 12:58 am  #21


Re: Challenging the legality of the seizure

piotrek wrote:

 it was Just over £2000 in HO costs and about £3300 in duty .

strange as the barrister told me it won't be any duty to pay only HO costs. But I knew she is liar.

 

 

30-12-2018 4:35 pm  #22


Re: Challenging the legality of the seizure

Does not seem to be much detail here, so it's rather difficult to help you. Perhaps you could answer the following questions:

What was the nature and quantity of the goods seized?
What reasons for seizure were recorded in the officer's notebook?
What reasons (if any) did the magistrates give you for the forfeiture of the goods?

 

30-12-2018 4:41 pm  #23


Re: Challenging the legality of the seizure

firebee wrote:

piotrek wrote:

 it was Just over £2000 in HO costs and about £3300 in duty .

strange as the barrister told me it won't be any duty to pay only HO costs. But I knew she is liar.

 

It would be a good idea to try and clarify this issue if you appeal to the Crown Court. You should try to get the HO barrister to confirm to the judge that there will be no duty to pay in the event that your appeal is unsuccessful.

 

30-12-2018 5:56 pm  #24


Re: Challenging the legality of the seizure

Turbulent

I think the barrister admitted afterwards that she had given wrong advice. This was said at the prelim.

Firebee is preparing a write up of the hearing so maybe more info soon.

As I recall reasons for seizure were several times over the guidelines, no lighter or open cigs. X amount of previous purchase given away but this was not recorded in the notebook. Also an error on cost of previous purchase. BF recorded the amount in sterling where they should have recorded the cost in local currency which was approx. 80% less (receipts to prove).  Frequent traveller.

Last edited by eezyrider (30-12-2018 5:57 pm)


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31-12-2018 4:10 pm  #25


Re: Challenging the legality of the seizure

It seems to me that the possibility of an assessment for duty or penalty is of relevance to condemnation proceedings. In the Newbury case (http://www.bailii.org/ew/cases/EWHC/Admin/2003/702.html) the High Court held that when deciding on forfeiture the court must consider proportionality as well as legality.

Iit is therefore possible (in theory anyway) that the Crown Court could decline to forfeit the goods, even though it may consider that they were not entirely for own use, on the grounds that this would be disproptionate in view of the requirement to pay duty on all of the forfeited goods.

 

02-1-2019 7:03 pm  #26


Re: Challenging the legality of the seizure

Guys, is this normal that barrister when interviewing a witness is making "statements"? eg "you had more trips than you wrote in your trip log..." and silence, "you brought these cigarettes for sale.." and silence, "you bought them more than you tell us.. " and silence.... and at those moments you don't know - is this a question? should you say something? Is this normal? 

     Thread Starter
 

03-1-2019 1:21 pm  #27


Re: Challenging the legality of the seizure

In the absence of any other replies...….

a] It's a clever way of getting you to ramble on and give away info that they can use against you. If it's not a direct question just ignore him.

b] it's also a clever way of making a statement to the court while supposedly asking a question. Clever because he is only supposed to ask questions.

Like I said to you privately, mind games.  Simple answer when he pauses is to say '' what is your question?''


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03-1-2019 1:56 pm  #28


Re: Challenging the legality of the seizure

This is not fair at all. When I tried to ask prepared questions, they been stopping me, that I am not allowed, as I am explaining myself, not asking questions (and you know Eezy these were questions, not explanations). However barrister was never stopped when making statements instead of questions, even I said few times "is this a question?" but on few occasions I looked like moron staring at barrister waiting for question and after my silence was loud "SO, YOU NOT DENYING!" and quick jump to another subject

     Thread Starter
 

03-1-2019 5:05 pm  #29


Re: Challenging the legality of the seizure

You should find things different in Crown court. Barrister will have more respect for judge than he did for mags.


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