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CRIME
Powell (Appellant) v Spence (Respondent) (Jamaica)
Case summary
Case ID
JCPC/2019/0050
Jurisdiction
Jamaica
Parties
Appellant(s)
Pilmar Powell
Respondent(s)
Patrick Anthony Spence
Issue
Can an application to the Resident Magistrate for forfeiture of cash pursuant to section 79 of the Proceeds of Crime Act properly be made by way of a notice supported by an affidavit? If not, does section 190 of the Judicature (Resident Magistrates) Act (Jamaica) empower the Resident Magistrate to cure procedural defects in documents used to commence cash forfeiture proceedings?
Facts
Sergeant Powell applied to the Resident Magistrate to forfeit cash seized from Mr Spence. A notice and affidavit were filed in support of that application. The Resident Magistrate dismissed the application, holding that an authorised officer could not apply for the forfeiture of cash by notice and affidavit alone. Plaint and particulars also had to be filed. This rendered the cash forfeiture proceedings a nullity.The Court of Appeal dismissed Sergeant Powell’s appeal, holding that the failure to follow the correct procedure could not be cured by the Resident Magistrate, since that power is confined to matters properly commenced. Sergeant Powell now appeals to the Judicial Committee of the Privy Council.
Date of issue
2 May 2019
Judgment details
Judgment date
22 February 2021
Neutral citation
[2021] UKPC 5
Judgment links
Appeal
Justices
Hearing dates
Start date
12 October 2020
End date
12 October 2020
Watch hearings
12 October 2020 - Afternoon session
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Change log
Last updated 9 May 2024