Absconding and fraudulent dealings with property
Absconding and fraudulent dealings with property

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Absconding and fraudulent dealings with property
  • Proceedings for offences of absconding and fraudulent dealings with property
  • Elements of the offence of absconding with property
  • Property
  • Meaning of initial period
  • Statutory defence to offence of absconding with property
  • Sentence for offences of absconding with property
  • Elements of offence of disposing of property on credit, not paid for
  • Disposal of property
  • Statutory defence to offence of disposal of property on credit, not paid for
  • more

Proceedings for offences of absconding and fraudulent dealings with property

The Insolvency Act 1986 (IA 1986) creates specific offences relating to property and an individual adjudged bankrupt.

They are:

  1. absconding with property

  2. disposing of property obtained on credit, not paid for, and

  3. acquiring property where money is owed by a bankrupt

In each case the onus is on the prosecution to prove that the defendant was bankrupt at the relevant time.

All of the offences are triable in either the magistrates' court or the Crown Court.

Proceedings cannot be instituted after a bankruptcy order has been annulled and the bankrupt has been restored to his pre-bankruptcy status.

Prior to annulment there is nothing to prevent the institution of proceedings.

The IA 1986 expressly provides that a bankrupt is not guilty of an offence in respect of any thing done after the discharge of the bankruptcy order.

Proceedings for each offence can only be instituted by the Secretary of State or by, or with the consent of, the Director of Public Prosecutions.

Elements of the offence of absconding with property

A bankrupt person will commit an offence if they:

  1. leave, attempt to leave or make preparations to leave England and Wales

  2. with any property

  3. that they are required to deliver to the official receiver or trustee, or

  4. if they leave or make preparations to