No order for costs following withdrawn forfeiture application – UK Police Law Blog

Posted January 28th, 2019 in appeals, costs, drug offences, forfeiture, news, police, proceeds of crime by sally

‘In Bennett v Chief Constable of Merseyside [2018] EWHC 3591 (Admin), the High Court confirmed that a district judge was correct to make no order for costs against the police after it withdrew its Proceeds of Crime Act 2002 (‘POCA’) s.298 application for cash forfeiture. In considering the decision of the district judge, the High Court reaffirmed three points: the starting point is that no order for costs should be made provided that the public authority has acted reasonably and properly; in determining whether the police acted reasonably and properly, the court should scrutinise the behaviour of the police with care; and it may be justifiable to award costs against the police, particularly where the successful private party would suffer substantial hardship if no order for costs were made in their favour.’

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UK Police Law Blog, 27th January 2019