DISOBEDIENCE TO THIS ORDER IS A CONTEMPT OF COURT
WHICH IF YOU ARE AN INDIVIDUAL IS PUNISHABLE BY
IMPRISONMENT OR IF YOU ARE A BODY CORPORATE IS
PUNISHABLE BY SEQUESTRATION OF YOUR ASSETS AND BY
IMPRISONMENT OF ANY INDIVIDUAL RESPONSIBLE
IN THE CROWN COURT SITTING AT Croydon
Before His Honour Judge AINLEY. sitting in Private
No. U20080 0357
Dated. 22"? Sept 2008
IN THE MATTER OF Susan Jane RUDKIN (Defendant)
AND
IN THE MATTER OF THE PROCEEDS OF CRIME ACT 2002
RESTRAINT ORDER PROHIBITING DISPOSAL OF ASSETS
TO: (1) Susan Jane RUDKIN (the Defendant)
(2) Ernest Michael RUDKIN (husband of the defendant)
PENAL NOTICE
If you Susan Jane RUDKIN (the Defendant) or you Ernest Michael
RUDKIN (husband of the defendant) disobey this Order you may be held to
be in contempt of court and may be imprisoned, fined or have your assets seized.
Any other person who knows of this order and does anything which helps or
permits Susan Jane RUDKIN (the Defendant) or Ernest Michael RUDKIN
(husband of the defendant) to breach the terms of this Order may also be held
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to be in contempt of court and may be imprisoned, fined or have their assets
seized.
IMPORTANT: NOTICE TO Susan Jane RUDKIN (THE DEFENDANT)
and Ernest Michael RUDKIN (husband of the defendant)
This order prohibits you Susan Jane RUDKIN (the Defendant) and you
Ernest Michael RUDKIN (husband of the defendant) from dealing with the
asset identified in paragraph 4 of this Order.
The order is subject to the exceptions contained in the order. You should read it
all carefully.
You are advised to consult a solicitor as soon as possible. Under paragraph 2 of
schedule 2 of the Access to Justice Act 1999, as amended by paragraph 36 of
schedule 11 of Proceeds of Crime Act 2002, you may be entitled to Community
Legal Service Funding in respect of this Order. Your solicitor will be able to
provide you with the appropriate forms. Such applications should be submitted
to the Legal Services Commission, 29-37 Red Lion Street London WCIR 4PP.
In relation to LSC funding (formerly Legal Aid) general enquiries may be
GRO
directed to the free LSC telephone helplin
You have a right to ask this court to vary or discharge this order, see paragraph 8
below. If you wish to do this you must serve on Juliet McFarlane Royal Mail
Group Ltd. GRO and all other affected
parties a copy of the application and any witness statement in support at least 2
clear working days before the date fixed for the hearing.
There is an interpretation section at page 8 of this order.
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THE ORDER
This is a Restraint Order made against Susan Jane RUDKIN (the
Defendant) and Ernest Michael RUDKIN (husband of the defendant)
on the 22" September 2008 by His Honour Judge AINLEY on the
application of the Royal Mail Group Ltd (“the Prosecutor”). The Judge
read the witness statements listed in Schedule A and accepted the
undertakings set out in Schedule B at the end of this order.
This order was made without notice to Susan Jane RUDKIN (the
Defendant) and Ernest Michael RUDKIN (husband of the
defendant). Susan Jane RUDKIN (the Defendant) and Ernest
Michael RUDKIN (husband of the defendant) have a right to apply to
the court to vary or discharge the order - see paragraph 8 below.
DISPOSAL OF OR DEALING WITH ASSETS
3.
4.
The Defendant must not:-
(1) I Remove from England and Wales the asset, listed in section 4 or
(2) In any way dispose of, deal with or diminish the value of the asset
listed in section 4
This prohibition relates to the following assets:-
(a) ‘The property at {
number { Jor the net sale money after payment of any
mortgages has been sold;
Ernest Michael RUDKIN (husband of the Defendant) must not:-
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(1) Remove from England and the asset, listed in section 4 or
(2) In any way dispose of, deal with or diminish the value of any of the
asset, listed in section 4
EXCEPTIONS TO THIS ORDER
6. This order does not prevent:-
(a) any person from paying any money in satisfaction of the
whole or part of any confiscation order which may be
made against the Defendant; or
(a) the levy of distress upon any goods subject to this order
for the purpose of enforcement of any confiscation order
which may be made against the Defendant.
VARIATION OR DISCHARGE OF THIS ORDER
7. Anyone affected by this order may apply to the court at any time to vary
or discharge this order (or so much of it as affects that person), but they
must first inform the Prosecutor and Susan Jane RUDKIN (the
Defendant) and Ernest Michael RUDKIN (husband of the defendant)
giving two working days notice together with a Witness statement
in support of the application.
EFFECT OF THIS ORDER
8. A person who is an individual who is ordered not to do something must
not do it himself or in any other way. He/she must not do it through
others acting on his/her behalf or on his/her instructions or with his/her
encouragement.
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9. A person who is not an individual, which is ordered not to do something
must not do it itself or by its directors, officers, partners, employees or
agents or in any other way.
PARTIES OTHER THAN THE DEFENDANT
Effect of this order
10. It is a contempt of court for any person notified of this order knowingly
to assist in or permit a breach of this order. Any person doing so may be
imprisoned or fined. He/she is also at risk of prosecution for a money
laundering offence.
Set off by banks
11. This order does not prevent any bank from exercising any right of set off
it may have in respect of any facility which it gave to the Defendant
before it was notified of this order.
Withdrawals by the Defendant
12. No bank need enquire as to the application or proposed application of any
money withdrawn by the Defendant if the withdrawal appears to be
permitted by this order.
Existing Charges
13. This order does not prevent any financial institution from enforcing or
taking any other steps to enforce an existing charge it has in respect of a
property or properties so secured.
Persons outside England, Wales, Scotland and Northern Ireland
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16. (1) Except as provided in paragraph (2) below, the terms of this order
do not affect or concer anyone outside the jurisdiction of this
court, Scotland or Northern Ireland.
(2) The terms of this order will affect the following persons in a
country or state outside the jurisdiction of this court, Scotland or
Northern Ireland:-
(a) a person to whom this order is addressed or the officer or
agent appointed by power of attorney of such a person;
(b) any person who:-
(i) is subject to the jurisdiction of this court, Scotland
or Northern Ireland;
(ii) has been given written notice of this order at
his/her residence or place of business within the
jurisdiction of this court, Scotland or Northern
Ireland; and
(iii) is able to prevent acts or omissions outside the
jurisdiction of this court, Scotland or Northern
Ireland which constitute or assist in a breach of the
terms of this order; and
(c) any other person, only to the extent that this order is
declared enforceable by or is enforced by a court in that
country or state.
Enforcement in Scotland and Northern Ireland
17. This order shall have effect in the law of Scotland and Northern Ireland,
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and may be enforced there, if it is registered under the Proceeds of Crime
Act 2002 (Enforcement in Different Parts of the United Kingdom) Order
2002.
Assets located outside England and Wales
18. Nothing in this order shall, in respect of assets located outside England
and Wales, prevent any third party from complying with-
(1) what it reasonably believes to be its obligations, contractual or
otherwise, under the laws and obligations of the country or state
in which those assets are situated or under the proper law of any
contract to which it is a party; and
(2) any orders of the courts of that country or state, provided that
reasonable notice of any application for such an order is given to
the Prosecutor;
unless those assets are situated in Scotland or Northern Ireland, in which
case this order must be obeyed there.
UNDERTAKINGS
19. Royal Mail Group Ltd gives to the court the undertakings set out in
Schedule B to this order.
DURATION OF THE ORDER.
20. This order will remain in force until it is varied or discharged by a further
order of this court.
INTERPRETATION
21, Reference to the “Defendant” means Susan Jane RUDKIN.
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Reference to an asset belonging to the Defendant includes any property in
which the Defendant has an interest and any property to which the
Defendant has a right.
22. A period of time expressed as a number of days shall be computed as clear
days as defined in rule 57.2 of the Criminal Procedure Rules 2005.
COSTS
23. — The costs of this order are reserved.
COMMUNICATIONS WITH THE COURT
All communications to the court about this order should be sent to the Crown
Court CROYDON, Altyre Rd, Croydon, CR9 5AB quoting the case number.
The office is open between 10am and 4:30pm Monday to Friday. The telephone
number is 0208 410 4700.
ADDRESS OF THE PROSECUTOR FOR SERVICE AND ANY
COMMUNICATION IN RESPECT OF THESE PROCEEDINGS
All communications to the Prosecutor about this order should be sent to Juliet
McFarlane Royal Mail Group Ltd.
uoting the Defendant’s name. The
No.U20080357
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SCHEDULE A
WITNESS STATEMENTS
(1) Witness Statement of Gerald Harbinson Accredited Financial
Investigator
SCHEDULE B
UNDERTAKINGS GIVEN TO THE COURT BY THE PROSECUTOR
ted)
@)
@)
The Prosecutor will serve upon Susan Jane RUDKIN (the
Defendant) And Ernest Michael RUDKIN (husband of the
defendant)
(a) acopy of this order; and
(b) a copy of the witness statement containing the evidence
relied upon by the Prosecutor, and any other documents
provided to the court on the making of the application.
Anyone notified of this order will be given a copy of it by the
Prosecutor.
The Prosecutor will pay the reasonable costs of anyone other than
Susan Jane RUDKIN (the Defendant) and Ernest Michael
RUDKIN (husband of the defendant) which are incurred as a
result of this order including the costs of finding out whether that
person holds any of the Defendant’s assets, save that the
Prosecutor will not without an order of the court be obliged to pay
any legal or accountancy costs so incurred unless the Prosecutor
first gives its consent in writing.
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