F & Anor, Re

F & Anor, Re

The applications were dismissed because both applicants failed to discharge the burden of proof by not providing full and candid disclosure of their current asset positions, and the court is bound by the trial judge's unchallenged finding of substantial hidden assets. The applicants' lack of candour and failure to explain the current value or whereabouts of hidden assets preclude the granting of a certificate of inadequacy.

Parties
First Applicant: F; Second Applicant: S; Respondent: Crown Prosecution Service (CPS)
Jurisdiction
England and Wales
Judgment Date
07 July 2009
Procedural Posture
Application for Certificate of Inadequacy Under Section 83 Criminal Justice Act 1988 / Judgment on Application
Outcome
Applications dismissed; costs orders made against each applicant in favour of the Crown Prosecution Service.
Legal Topics
Confiscation Orders, Certificate of Inadequacy, Realisable Assets, Burden of Proof
Criminal Law Proceeds of Crime Confiscation Orders Certificate of Inadequacy Realisable Assets Burden of Proof

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Parties

F

First Applicant

S

Second Applicant

Crown Prosecution Service (CPS)

Respondent

Procedural Posture

Application for Certificate of Inadequacy Under Section 83 Criminal Justice Act 1988 / Judgment on Application

Legal Issues

  1. 1 Whether the applicants have established that their current realisable property is inadequate for payment of the outstanding confiscation orders under section 83 of the Criminal Justice Act 1988.

Ratio Decidendi

The applications were dismissed because both applicants failed to discharge the burden of proof by not providing full and candid disclosure of their current asset positions, and the court is bound by the trial judge's unchallenged finding of substantial hidden assets. The applicants' lack of candour and failure to explain the current value or whereabouts of hidden assets preclude the granting of a certificate of inadequacy.

Court Disposition

Applications dismissed; costs orders made against each applicant in favour of the Crown Prosecution Service.

Orders

  • Applications for certificates of inadequacy dismissed.
  • Costs order against Mr S in the sum of £4,028.72 in favour of the Crown Prosecution Service.