R v Luckhurst

Subject Matter

CRIME — Restraint order — Exceptions for reasonable expenses — Defendant applying to vary restraint order so as to make exceptions for reasonable living expenses and reasonable legal expenses — Whether living expenses “reasonable” — Whether legal expenses prohibited on grounds “related” to offence giving rise to restraint order — Proceeds of Crime Act 2002 (c 29), s 41

[2020] EWCA Crim 1579; [2021] 1 WLR 1807; [2021] WLR(D) 77, CA

CRIME — Restraint order — Exceptions for reasonable expenses — Defendant applying to vary restraint order so as to make exception for reasonable legal expenses — Expenses in question incurred in civil proceedings brought against defendant by victims of defendant’s alleged criminality — Whether such legal expenses prohibited on grounds “related to” offence giving rise to restraint order — Proceeds of Crime Act 2002 (c 29), s 41

[2022] UKSC 23; [2022] 1 WLR 3818; [2023] 1 All ER 807; The Times, 3 October 2022, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
New Judgment: R v Luckhurst [2020] UKSC 23 Case comment

Blackstones Criminal Practice 2025
Restraint Orders - Procedure D8.75