The following Corporate Crime practice note Produced in partnership with Azizur Rahman of Rahman Ravelli provides comprehensive and up to date legal information covering:
A breach of a restraint order under section 41 of the Proceeds of Crime Act 2002 (POCA 2002) will constitute a civil contempt of court, not a criminal one and be treated as such (as in OB v Director of the Serious Fraud Office). The breach of a restraint order will be treated as a contempt of court under POCA 2002, s 41(7).
However, the mere fact that a warning of the sanction of contempt of court for the breach of the order is set out on the face of the restraint order does not prevent the prosecution from pursuing other charges including perverting the course of justice. The court in R v Kenny considered it ‘fanciful to suppose that a person contemplating disobedience of a restraint order act[s] on the basis that he will only be punished for contempt of court’. The warning does not give rise to a legitimate expectation that a breach of order may only result in contempt of court.
In R v Kenny the court emphasised that, depending on the circumstances of the case, the offence of perverting the course of justice is capable of being committed in otherwise wholly civil proceedings following R v Vreones (a civil case which concerned the preparation of false evidence for use in an arbitration). The object of a restraint order
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions typically found in an escrow
Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.