Practice and Procedure

R v B (2008)

PUBLISHED April 17, 2008

[2008] EWCA Crim 1374

The court had not been justified in imposing a restraint order under the Proceeds of Crime Act 2002 s.41 where a suspect had made no attempt to dissipate his assets despite having a clear opportunity to do so over a significant period of time. Without a real risk of dissipation of assets being established there was no justification for interference with a suspect's rights under the European Convention on Human Rights 1950 Protocol 1 art.1.

CA (Crim Div) (Moses LJ, David Clarke J, Cranston J)