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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> JS v R  EWCA Crim 2972 (29 September 2009)
Cite as:  EWCA Crim 2972
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COURT OF APPEAL (CRIMINAL DIVISION)
ON APPEAL FROM the Crown Court sitting at Bristol
Strand, London, WC2A 2LL
B e f o r e :
MR JUSTICE UNDERHILL
MR JUSTICE IRWIN
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James Dennison for the Crown
Hearing dates : 25/09/2009
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LORD JUSTICE HOOPER :
9. Subject to any further order of the court any information given in compliance with this order shall only be used:-
i. for the purpose of these proceedings;
ii. if the Defendant is convicted, for the purposes of any confiscation hearing that may take place; and
iii. if a confiscation order is made, for the purposes of enforcing that order, including any receivership proceedings.
9.2. there shall be no disclosure of any material disclosed in compliance with this order to any co-defendant in the criminal proceedings.
9.3. However, nothing in this paragraph shall make inadmissible any disclosure made by the Defendant in any proceedings for perjury or contempt of court relating to that disclosure.
The Crown be permitted to serve upon [J R] and his legal representatives, not before 14.00 on the 17th September 2009, the following material for the purposes of allowing them to (1) determine whether or not to make any representations in respect of the Receivership application currently pending before the Crown Court sitting at Bristol and (2) make such representations in those proceedings as they deem appropriate:-
1. The witness statements of Shahzary Mustafa dated the 23rd July 2009 and Darren Wilkinson dated the 16th July 2009.
2. The exhibits referred to within, and attached to, those statements.
b. The documents referred to in paragraph 9.4a above are to be used solely for the purposes set out in that paragraph and for no other purpose; they are to be disclosed to no other person or used in any other manner without the permission of H.H.J Lambert or the Senior Circuit Judge of the Crown Court sitting at Bristol
(a) must be exercised with a view to the value for the time being of realisable property being made available (by the property's realisation) for satisfying any confiscation order that has been or may be made against the defendant;
(b) must be exercised, in a case where a confiscation order has not been made, with a view to securing that there is no diminution in the value of realisable property;