The court was asked whether a breach of an order under section 41 of the 2002 Act was a civil or a criminal contempt of court. The defendant had fled to the US to avoid complying with restraint orders on being investigated for financial fraud. He had been found guilty of contempt after fleeing.
Held: A breach of a restraint order involves at least a civil contempt of court. The court upheld an order of the Common Serjeant committing the defendant to prison for contempt of court in disobeying a restraint order made against him under section 41 of the 2002 Act.
Judges:
Gross LJ, Openshaw J, HHJ Milford QC
Citations:
[2012] EWCA Crim 67, [2012] Lloyd’s Rep FC 389, [2012] 1 WLR 3170, [2012] 3 All ER 999
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Kenny v Regina CACD 30-Jan-2013
The appellant had made a loan to a third party defendant in criminal fraud proceedings. At the time he did not know that that third party was subject to a restraint order under the 2002 Act. When he did come to know of the order he was asked to say . .
See Also – OB v The Director of The Serious Fraud Office CACD 2-May-2012
The court considered an application by the defendant for leave to appeal to the Supreme Court, noting that section 13 of the 1960 Act did not provide for such a right after the 2006 Act.
Held: The words could not themselves be construed to . .
Appeal from – Regina v O’Brien SC 2-Apr-2014
The court considered how to apply the rule that an extradition may only be for trial on matters committed before the extradition if they have been the basis of the request to a defendant’s commission of contempt of court after conviction. After . .
Lists of cited by and citing cases may be incomplete.
Crime, Contempt of Court
Updated: 04 October 2022; Ref: scu.450559