Martin Evans KC successful in resisting Appeal against the grant of Restraint Orders

Martin Evans KC successful in resisting an appeal against the grant of restraint orders under articles 7 and 8 of the Proceeds of Crime 2002 Act (External Requests and Orders) Order 2005 over cryptocurrency (worth more than US$24 million) following a request by Polish authorities investigating the large-scale production and distribution of psychoactive substances and the associated money laundering activities. 

This was the first case in which the Court of Appeal had to consider the effect of Title XI of the Trade and Cooperation Agreement (Treaty Series No.8 (2021)) which replaced Part 2 of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 following Brexit. The Court gave helpful guidance (at paragraph 40) as to the required approach to external requests for provisional measures from member states of the European Union.

Martin was instructed by the CPS on behalf of the DPP.

Judgment  - [2024] EWCA Crim 1486