HM Customs & Excise v El Heri [2001] EWCA Civ 1782 (16 November 2001)

HM Customs & Excise v El Heri [2001] EWCA Civ 1782 (16 November 2001)

Information disclosed under a restraint order may be used in confiscation proceedings; the privilege against self-incrimination does not extend to such proceedings, and the statutory purpose would be undermined by prohibiting such use.

Citation
[2001] EWCA Civ 1782
Parties
Claimant/respondent: HM Customs & Excise; Defendant/applicant: Thair El Heri
Jurisdiction
England and Wales
Judgment Date
16 November 2001
Procedural Posture
Appeal / Application for Permission to Appeal From Refusal to Vary Restraint Order
Outcome
Permission to appeal refused
Legal Topics
Restraint Orders, Privilege Against Self Incrimination, Disclosure of Assets, Confiscation Proceedings
Criminal Law Proceeds of Crime Restraint Orders Privilege Against Self Incrimination Disclosure of Assets Confiscation Proceedings

Case Brief

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Parties

HM Customs & Excise

Claimant/respondent

Thair El Heri

Defendant/applicant

Procedural Posture

Appeal / Application for Permission to Appeal From Refusal to Vary Restraint Order

Legal Issues

  1. 1 Whether information disclosed under a restraint order can be used in confiscation proceedings
  2. 2 Whether the privilege against self-incrimination extends to confiscation proceedings

Ratio Decidendi

Information disclosed under a restraint order may be used in confiscation proceedings; the privilege against self-incrimination does not extend to such proceedings, and the statutory purpose would be undermined by prohibiting such use.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed