Practice and Procedure

R v JS (2009)

PUBLISHED September 29, 2009

[2009] EWCA Crim 2972

Where a restraint order prohibited disclosure of any material disclosed by the defendant in compliance with the order to any co-defendant in criminal proceedings, the court had been wrong to vary it to allow such disclosure to enable a co-defendant to make representations in a receivership application. The variation involved a breach of the privilege against self-incrimination and the co-defendant had not put forward any specific reason for needing to see the material concerned.

CA (Crim Div) (Hooper LJ, Underhill J, Irwin J)