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Saunders Law trounces CPS in committal proceedings

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Saunders Law acted for Mr Malik, who faced contempt proceedings at the end of April, following the conclusion of confiscation proceedings in October 2012 at Snaresbrook Crown Court.

The confiscation proceedings had been conducted under the old legislation, the Criminal Justice Act 1988 which requires all proceedings ancillary to the confiscation proceedings such as matters to do with restraint orders and of course contempt proceedings to be dealt with in the High Court.

Whilst the CPS understood that and did commence the application in the High Court they made their application under the Criminal Procedure Rules instead of under Part 8 of the Civil Procedure Rules which has very strict requirements that must be adhered to.

Despite being told at the beginning by Saunders that they had issued their application under the wrong procedure, the CPS insisted that they had acted correctly.

Even when the court at the first hearing informed them of the correct course of action the CPS was still not able to get it right, their only explanation being the lack of experience of the CPS staff in dealing with proceedings in the High Court.

They paid dearly for that lack of expertise.

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