Failure to deliver up property, concealment of criminal property and failure to account for losses
Failure to deliver up property, concealment of criminal property and failure to account for losses

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

  • Failure to deliver up property, concealment of criminal property and failure to account for losses
  • Offence of failure to deliver up property to, or concealing property from official receiver or trustee
  • Offence of removal of property
  • Offence of failure to account for or explain loss of property
  • Proceedings under section 354
  • Elements of the offence of failure to deliver up property to, or concealing property from official receiver or trustee and failure to account for losses
  • Statutory defence of 'innocent intention'
  • Sentencing for the offence of failure to deliver up property to, or concealing property from official receiver or trustee and failure to account for losses

Offence of failure to deliver up property to, or concealing property from official receiver or trustee

A bankrupt commits an offence if they:

  1. fail to deliver up any property to the official receiver or trustee which they are required by law to deliver up and which is in their possession or under their control. The official receiver or trustee may direct the bankrupt to give possession of only part of their property in which case only that part is relevant for the purposes of the offence

  2. conceal any debt due to or from them or conceals any property which they are required to deliver up to the official receiver or trustee the value of which is not less than the prescribed amount

  3. conceal debts or property valued at not less than the prescribed amount during the 12 months preceding the presentation of the petition or between the presentation of the petition and the commencement of the bankruptcy

The offence under section 354 is triable either in the magistrates' court or the Crown Court.

Offence of removal of property

A bankrupt commits an offence if they remove property the value of which is not less than the prescribed amount and which they are required to deliver up to the official receiver or trustee at any time after the presentation