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HUGHES AND OTHERS v CUSTOMS AND EXCISE COMMISSIONERS; R AND ANOTHER v DIRECTOR OF PUBLIC PROSECUTIONS; ANDERSON v CUSTOMS AND EXCISE COMMISSIONERS

28 June 2002

Defendant in criminal proceedings: receiver appointed to conserve and realise defendant’s assets: whether entitled to recover his costs from assets Appeals from Hooper J and Collins J THE DEFENDANTS in the first two cases, who had been charged with but not convicted of criminal offences, applied for a variation of restraint and receivership orders made against them under the Criminal Justice Act 1988. Hooper J ruled that the receiver could not use an unconvicted defendant’s assets to meet his costs. In the third case, the defendant, who had been convicted of a criminal offence, also applied for a variation of similar orders made against him under the Drug Trafficking Act 1994. Collins J ruled that the receiver could recover his costs only out of specified assets which the defendant acknowledged to be his. In each case the prosecution appealed. SIMON BROWN LJ said that statutory receivers were to be treated precisely as their common law counterparts, sav...

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