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Lawrence v Financial Services Commission (Jamaica) - PC - 14-Dec-09 - Lord Saville, Lord Collins, Lord Kerr, Lord Clarke, Sir Henry Brooke - Commonwealth - Financial Services - Natural Justice
The appellant challenged a fixed penalty notice issued in respect of a financial services allegation, saying that it had been made without him having been allowed opportunity to be heard by an impartial tribunal.
Held: Actions under the fixed penalty notice procedure had been properly validated. The notice did not require a finding of guilt, but only that the defendant was a person "who it has reason to believe has committed an offence" to which the section relates.
Therefore "whatever the precise form of the notice, there was no question of the determination of the issue whether the appellant was guilty of an offence before the notice was given. There was no issue upon which the appellant was entitled to be heard or to make representations before the notice was given. It follows that there was no breach of natural justice or of the principle that a defendant to criminal or civil proceedings is entitled to a fair hearing. If the defendant wanted to be heard on the question whether he was guilty of the offence alleged, the appropriate course was for him to wait to be prosecuted and to present his defence. He was not deprived of that opportunity by the giving of the notice." and "the Board sees nothing unlawful in the decision to give the notice or in the giving of the notice. He had no right to be heard before the notice was given."
Cases Cited: McCutcheon -v- David MacBrayne Ltd HL 21-Jan-64; Lloyd -v- McMahon HL 12-Mar-87; Yew Bon Tew -v- Kenderan Bas Mara PC 01-Jan-83; Re McCutcheon and City of Toronto 01-Jan-83;
[2009] UKPC 49 14-Dec-09 Bailii Link
Case law from lawindexpro