(1)The bankrupt is guilty of an offence if he makes or causes to be made, or has in the period of 5 years ending with the commencement of the bankruptcy made or caused to be made, any gift or transfer of, or any charge on,his property.
Section 352 applies to this offence.
(2)The reference to making a transfer of or charge on any property includes causing or conniving at the levying of any execution against that property.
(3)The bankrupt is guilty of an offence if he conceals or removes, or has at any time before the commencement of the bankruptcy concealed or removed, any part of his property after, or within 2 months before, the date on which a judgment or order for the payment of money has been obtained against him, being a judgment or order which was not satisfied before the commencement of the bankruptcy.
Section 352 applies to this offence.
Cases considering section 357 3
[2004] EWCA Crim 1025 · 29 April 2004
Fraud was an integral constituent of the section 357(1) offence. Given its very broad scope, a legal burden under section 352 was unjustified and had to be read down to an evidential burden. (see paras [85]-[92])
[2022] EWHC 2807 (Ch) · 21 November 2022
The court held that the alleged offence was not established because the evidence indicated that Munaver could have proved the section 352 innocent-intention defence. The burden of establishing the relevant illegality lay on Ms Lu. (see paras [181]-[196])
[2017] EWHC 2992 (QB) · 24 November 2017Disapplies
The court considered section 357 but concluded that it probably had no application to the facts. The judge required focused submissions before finding that the claimant had committed a criminal offence under the provision. (see para [98])
What each judgment says about section 357 is in the case-law panel in the full Act.