YOUNAS, PETITION OF HER MAJESTY'S ADVOCATE AGAINST AND FARZANA ASHRAF [2018] ScotCS CSOH_9 (08 February 2018)

YOUNAS, PETITION OF HER MAJESTY'S ADVOCATE AGAINST AND FARZANA ASHRAF [2018] ScotCS CSOH_9 (08 February 2018)

The court held that the continuation of the restraint order was justified as there was sufficient evidence to support the risk of dissipation of assets and the statutory requirements were met.

Citation
[2018] ScotCS CSOH_9
Parties
Petitioner: Her Majesty's Advocate; Respondent: Mohammed Younas; Respondent: Farzana Ashraf
Jurisdiction
Scotland
Judgment Date
08 February 2018
Procedural Posture
Petition / Judgment
Outcome
restraint order continued
Legal Topics
Proceeds of Crime, Restraint Order
Criminal Law Proceeds of Crime Restraint Order

Case Brief

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Parties

Her Majesty's Advocate

Petitioner

Mohammed Younas

Respondent

Farzana Ashraf

Respondent

Procedural Posture

Petition / Judgment

Legal Issues

  1. 1 Whether a restraint order should be continued against the respondents under the Proceeds of Crime Act 2002

Ratio Decidendi

The court held that the continuation of the restraint order was justified as there was sufficient evidence to support the risk of dissipation of assets and the statutory requirements were met.

Court Disposition

restraint order continued

Orders

  • The restraint order against the respondents is continued.