(1)The bankrupt is guilty of an offence if—
(a)he does not to the best of his knowledge and belief disclose all the property comprised in his estate to the official receiver or the trustee, or
(b)he does not inform the official receiver or the trustee of any disposal of any property which but for the disposal would be so comprised, stating how, when, to whom and for what consideration the property was disposed of.
(2)Subsection (1)(b) does not apply to any disposal in the ordinary course of a business carried on by the bankrupt or to any payment of the ordinary expenses of the bankrupt or his family.
(3)Section 352 applies to this offence.
Cases considering section 353 4
[2004] EWCA Crim 1025 · 29 April 2004
The court held that section 352, when applied to the non-disclosure offence in section 353(1)(b), was compatible with Article 6(2). (see paras [93]-[95]; [99])
The prosecution must prove non-disclosure of a relevant disposal and that it was outside ordinary business or ordinary living expenses. A legal burden to prove lack of fraudulent or concealing intent was justified because that intent was peculiarly within the bankrupt’s knowledge. (see paras [93]-[95])
The court applied section 353(2) in identifying the matters that the prosecution must establish before the reverse burden under section 352 is engaged. (see paras [93]-[95])
[2021] EWHC 1339 (Admin) · 19 May 2021Limits
The court held that failing to provide the receiver with required information was equivalent to the offence in section 353(1), despite the foreign offence not mapping onto the English offence in every respect. (see paras [23], [26])
The court held that the issuing state did not need to negate every possible exception under section 353(2) when the conduct description on its face fell within the parameters of section 353(1). (see paras [24]–[26])
[2017] EWHC 3126 (Admin) · 1 December 2017
The provision was identified as one of the criminal offences within the exceptions in section 433(3). It was not otherwise applied in determining the contempt application. (see para [40])
What each judgment says about section 353 is in the case-law panel in the full Act.