Practice and Procedure

RE S (2010)

PUBLISHED April 22, 2010

[2010] EWHC 917 (Admin)

An application by a third party under the Criminal Justice Act 1988 s.77(7) to vary a restraint order to provide funds to apply to discharge the restraint order was refused because the case had reached the post-confiscation stage, there was no appeal outstanding and where there was a settled confiscation order. In those circumstances, unless there were very strong reasons permitting the release of funds to a third party, it was obligatory to follow the legislative steer in s.82(2) and s.82(6) of the Act.

QBD (Admin) (Sir Michael Harrison)