R v S

R v S

The judge erred in law by applying an incorrect test for 'reasonable time', failing to properly evaluate the prosecution's disclosure and investigation obligations, and taking into account irrelevant considerations. The elapsed time was not shown to be unreasonable given the complexity and ongoing disclosure requirements. The discharge of the Restraint Order was therefore set aside and the Order reinstated.

Parties
Appellant: R; Respondent: S; Interested Parties: Trustees in Bankruptcy of S
Jurisdiction
England and Wales
Judgment Date
17 October 2019
Procedural Posture
Criminal Appeal / Appeal From Discharge of Restraint Order
Outcome
Appeal allowed; discharge of Restraint Order reversed.
Legal Topics
Restraint Orders, Money Laundering, Disclosure Obligations, Reasonable Time for Prosecution
Criminal Law Proceeds of Crime Restraint Orders Money Laundering Disclosure Obligations Reasonable Time for Prosecution

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 4 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

R

Appellant

S

Respondent

Trustees in Bankruptcy of S

Interested Parties

Procedural Posture

Criminal Appeal / Appeal From Discharge of Restraint Order

Legal Issues

  1. 1 Whether the Restraint Order should be discharged under s.42(7) of the Proceeds of Crime Act 2002 for failure to commence proceedings within a reasonable time
  2. 2 Proper interpretation and application of 'reasonable time' under s.42(7)
  3. 3 Impact of disclosure and investigation obligations on timing of charge

Ratio Decidendi

The judge erred in law by applying an incorrect test for 'reasonable time', failing to properly evaluate the prosecution's disclosure and investigation obligations, and taking into account irrelevant considerations. The elapsed time was not shown to be unreasonable given the complexity and ongoing disclosure requirements. The discharge of the Restraint Order was therefore set aside and the Order reinstated.

Court Disposition

Appeal allowed; discharge of Restraint Order reversed.

Orders

  • The Restraint Order will stand.
  • A progress report must be filed by the prosecution as required by the Order.