O'Keefe v Austin

O'Keefe v Austin

There are no very strong reasons to displace the statutory objective of preserving assets for satisfaction of the confiscation order; the applicant must pursue legal aid and cannot use restrained assets for legal expenses.

Parties
Defendant: Herbert Charles Austin; Third Interested Party/applicant: Dennis O’Keefe; Claimant: Crown Prosecution Service, Proceeds of Crime
Jurisdiction
England and Wales
Judgment Date
04 July 2019
Procedural Posture
Interim Application in Receivership Proceedings / Application for Discharge or Variation of Restraint Order
Outcome
application dismissed
Legal Topics
Restraint Orders, Confiscation Orders, Third Party Rights, Legal Expenses, Human Rights Act, Exceptional Case Funding
Criminal Law Asset Recovery Legal Aid Restraint Orders Confiscation Orders Third Party Rights Legal Expenses Human Rights Act +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Herbert Charles Austin

Defendant

Dennis O’Keefe

Third Interested Party/applicant

Crown Prosecution Service, Proceeds of Crime

Claimant

Procedural Posture

Interim Application in Receivership Proceedings / Application for Discharge or Variation of Restraint Order

Legal Issues

  1. 1 Whether funds restrained under a confiscation order can be released to a third party for legal expenses
  2. 2 Whether the legislative steer under section 82 of the Criminal Justice Act 1988 should be displaced
  3. 3 Whether human rights considerations require adaptation of the statutory scheme

Ratio Decidendi

There are no very strong reasons to displace the statutory objective of preserving assets for satisfaction of the confiscation order; the applicant must pursue legal aid and cannot use restrained assets for legal expenses.

Court Disposition

application dismissed

Orders

  • No order for costs; costs reserved to be determined at receivership application.
  • Order for expedited transcript at public expense for applicant’s legal aid application.