Realisable property is—
(a)any free property held by the defendant;
(b)any free property held by the recipient of a tainted gift.
Cases considering section 83 7
R v Matthew Hargreaves
Defines the applicant’s free property as realisable property when she is the recipient of a tainted gift, supporting the basis for restraint. It does not require immediate resolution of the disputed extent. (see paras [10]; [15])
Crown Prosecution Service v The Eastenders Group & Anor
Realisable property includes free property held by the defendant. The majority applied that concept, with the extended statutory meaning of an interest, when finding no lawful basis to treat the companies’ assets as realisable property (see paras [78]-[81]).
D (UK) Ltd v Revenue & Customs Prosecutions Office
The definition of realisable property as free property held by the defendant was applied with section 84. The court concluded that the restrained money was arguably Mrs S’s asset despite being legally held in R’s account (see paras [8]-[10]; [18]-[20]).
What each judgment says about section 83 is in the case-law panel in the full Act.
Amendments and notes
1 notes from legislation.gov.uk
Commencement
- I73S. 83 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.