Source: All England Reporter
Publisher Citation: [2016] All ER (D) 79 (Sep)
Neutral Citation: [2016] EWCA Crim 1393
Court: Court of Appeal, Criminal Division
Judge:

Davis LJ, Gilbart J and Judge Zeidman QC

Representation Eric Metcalfe for A.
  Martin Evans and Edward Craven for the Director of Public Prosecutions.
Judgment Dates: 23 September 2016

Catchwords

Practice - Pre-trial or post-judgment relief - Freezing order - Foreign registration - French judge making restraint order against defendant's assets - Restraint order being registered in England - Defendant applying to cancel registration of order in England - Judge dismissing application - Defendant applying for leave to appeal against that decision - Whether judge erring - Criminal Justice and Data Protection (Protocol No 36) Regulations 2014, - Council Framework Decision (JHA) 2003/577, art 11(2).

The Case

Practice Pre-trial or post-judgment relief. The Court of Appeal, Criminal Division, dismissed the defendant's application for leave to appeal against the judge's refusal to cancel the registration in England, under the provisions of the Criminal Justice and Data Protection (Protocol No36) Regulations 2014, SI2014-3141, of an order made by a French judge which restrained the disposition of the defendant's assets. Under the Council Framework Decision (JHA)2003-577 and the Regulations, a challenge to the substantive reasons for the making of an overseas restraint order might be made only in the courts of the issuing state. The courts of the executing state would not, themselves, consider such a challenge. For those reasons, leave would be granted for the decision of the refused application to be citable in court.

Practice Areas

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