[2007] EWCA Crim 3128

A judge had been entitled to refuse to vary restraint orders to enable the appellants to fund proceedings as the Proceeds of Crime Act 2002 s.41 was not incompatible with the European Convention on Human Rights 1950 and Parliament had made provision for defendants to have legal representation by the provision of state aid. However, the judge had erred in varying a restraint order to allow one appellant to fund judicial review proceedings, as the proceedings were related to the offences committed.

CA (Crim Div) (Latham LJ, Aikens J, Grigson J)


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