In re K and Others (Restraint Order): 1 Mar 2005

The defendants were accused of using companies as a front for customs fraud. The Customs and Excise sought leave to appeal the terms of a criminal restraint order.
Held: The court when making such an order was entitled to take into account the statutory assumptions about the lifestyle of the defendants. The commissioners’ application to have a receiver appointed would be of no effect unless the receiver would be ready to become substantially involved in the day to day management of the company. They intended a light touch approach but would not achieve what they wanted. Application refused.


Laws, Toulson, Royce JJ


Times 15-Mar-2005


Proceeds of Crime Act 2002 48


England and Wales

Criminal Practice

Updated: 13 May 2022; Ref: scu.223735