Re S (Restraint Order: Release of Assets)

JurisdictionEngland & Wales
JudgeLord Justice Scott Baker
Judgment Date01 October 2004
Neutral Citation[2004] EWCA Crim 2374
Docket NumberCase No: 2004/1172/B5
CourtCourt of Appeal (Criminal Division)
Date01 October 2004

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7 cases
  • R v Andrew John Luckhurst
    • United Kingdom
    • Supreme Court
    • 20 July 2022
    ...steer” to the courts towards exercising their powers so as to preserve the assets to satisfy the confiscation order (see In re S (Restraint Order: Release of Assets) [2004] EWCA Crim 2374; [2005] 1 WLR 1338, paras 32–33; and In re Peters [1988] QB 871, 879, referring to the predecessor o......
  • AP v Crown Prosecution Service (R v U Ltd and R v AP)
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • Invalid date
  • R v Briggs-Price
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 June 2007
    ...expenses would have to exclude provision for any legal expenses relating to the offences:—see the decision of this court in Re S (Restraint Order: Release of Assets) [2004] EWCA Crim 2374, [2005] 1 WLR 1338. 7 POCA only applies to offences committed after 23 March 2003. Parliament plainly ......
  • R v Andrew John Luckhurst
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 24 November 2020
    ...absolute prohibition, however, precludes justice being done in this way. 47 Fourthly, the case law supports this approach. In re S (Restraint Order: Release of Assets) [2005] 1 WLR 1338, involved an application to vary a restraint order to allow for the legal costs of proceedings in relati......
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