United States of America v. Inkley
England and Wales Court of Appeal
3 W.L.R. 304 (1988)
- Written by Elizabeth Yingling, JD
Facts
Harold Inkley (defendant) was arrested in the United States and released on bail in order to attend a funeral in the United Kingdom. The United States criminal code allowed a court to impose bail in order to guarantee a criminal defendant’s appearance at trial. When Inkley did not return, Inkley’s bail was revoked, and the United States (plaintiff) obtained a civil court judgment for the amount of the bail. The United States filed an action in an English court to enforce the judgment. Inkley objected, arguing that the substance of the lawsuit was the enforcement of a penal remedy that was unenforceable in English courts. The lower court concluded that the proceedings were civil and, thus, enforceable. Inkley appealed.
Rule of Law
Issue
Holding and Reasoning (Purchas, J.)
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