JS v R

JS v R

The variation order unjustifiably removed the appellant's protection against self-incrimination provided by paragraph 9.2 of the restraint order, as there was no demonstrated necessity for the co-defendant to access the disclosed materials for any proper submission, and the privilege must be preserved.

Parties
Appellant: JS; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
29 September 2009
Procedural Posture
Criminal Appeal / Appeal Against Variation of Restraint Order
Outcome
appeal allowed
Legal Topics
Restraint Orders, Privilege Against Self Incrimination, Disclosure of Evidence, Receivership, Carousel Fraud
Criminal Law Proceeds of Crime Restraint Orders Privilege Against Self Incrimination Disclosure of Evidence Receivership Carousel Fraud

Case Brief

Summary, issues, holding and outcome

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Parties

JS

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Variation of Restraint Order

Legal Issues

  1. 1 Whether the variation of the restraint order permitting disclosure of material to a co-defendant was justified
  2. 2 Whether the appellant's privilege against self-incrimination was adequately protected

Ratio Decidendi

The variation order unjustifiably removed the appellant's protection against self-incrimination provided by paragraph 9.2 of the restraint order, as there was no demonstrated necessity for the co-defendant to access the disclosed materials for any proper submission, and the privilege must be preserved.

Court Disposition

appeal allowed

Orders

  • variation of restraint order quashed