Re K
| Jurisdiction | England & Wales |
| Judgment Date | 06 July 1990 |
| Date | 06 July 1990 |
| Court | Queen's Bench Division |
Queen's Bench Division
Before Mr Justice McCullough
Criminal procedure - restraint order - value of property
In assessing the value of property obtained from the proceeds of a criminal offence for the purposes of making a restraint order under section 77 of the Criminal Justice Act 1988, the court was concerned with the value of the property obtained and not the value of the equity.
Mr Justice McCullough so held in the Queen's Bench Division in a reserved judgment given in open court after a hearing in chambers in refusing an application brought by K for the discharge of a restraint order made ex parte under section 77 of the 1988 Act by Mr Justice Popplewell on May 21, 1990 restraining K from dealing with his assets and in particular from disposing of his interest in two properties.
Mr Barry Press for K; Mr Marcus Pollett for the prosecution.
MR JUSTICE McCULLOUGH said that K had been arrested on March 25, 1988 and had been charged with six offences of dishonesty between June 1987 and January 1988 while he was trading as an estate agent.
The substance of the allegations was that he and others had bought properties with the assistance of mortgages which had been procured by making false statements about the applicant's earnings and employment and by means of false references.
On K's behalf it was accepted that there were reasonable grounds for thinking that he might be convicted of the offences with which he had been charged, but it was denied that the other requirements were met.
The High Court could make a restraint order (section 77(1)) against any defendant against whom proceedings for a relevant offence had been instituted (section 76(1)(a)) but not concluded if it appeared that there were reasonable grounds for thinking that a confiscation order might be made (section 76(1)(c)), that is, that there were reasonable grounds for thinking (i) that he would be found guilty of such an offence; (ii) that the court would be satisfied that, as a result of, or in connection with, the commission of that offence, he had obtained property worth at least £10,000 (section 71(2)(b)(i),(ii),(4),(6),(7)); (iii) that the market value of the property in which he alone held an interest (section 74(4)(b)) and the market value of his beneficial interest in property in which another person also held an interest, less the amount required to discharge any encumbrance (other than a charging order) on his interest...
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