Financial restraint 'likely influenced' man's death

Nathan BevanSouth East
Handout A man with short blond hair and pink shirt. Handout
Garry Mills' wife described him as "a proud, loving husband and father"

A coroner has raised concerns after a Surrey father-of-four took his own life while subjected to a financial restraint order.

Garry Mills, 46, died in September 2021, almost a year after the Crown Prosecution Service (CPS) applied to have his family's weekly living expenses restricted to £250 per week.

In a Prevention of Future Deaths Report, coroner Darren Stewart said the order's impact had "weighed heavily" on Mills and "likely influenced" his death. He called for the £250 limit, which had gone "unadjusted for inflation or broader cost of living increases" since 2009, to be reviewed.

The CPS said it would "carefully consider and respond formally to the report's recommendations".

"Our thoughts are with the family and loved ones of Mr Mills," it added.

Imposed under the Proceeds of Crime Act 2002, a restraint order freezes a person's assets during a criminal investigation or prosecution, so that they may be confiscated if a conviction happens.

One was placed on Mills following his arrest in September 2020 in relation to "activity which he was alleged to have coordinated online, including on the dark web", the report said.

Having been bailed, Mills struggled under the £250 cap, and he experienced "feelings of failure and hopelessness".

Months prior to his death, he had also been told by police that he would likely remain under investigation, and thereby subject to the order, until mid-2022.

During Mills' four-day inquest at Surrey Coroner's Court in February, his family referred to it as the "final straw", which had "adversely impacted on his mood, stress levels and anxiety".

'Garry felt like he was failing us'

Stewart said that the sum of £250 per week not having varied in 17 years, "despite considerable upward movement in the cost of living", showed that the CPS was relying on outdated guidance.

He added that it could "significantly impact the mental health and wellbeing of the subject of the order and their dependents, giving rise to a risk of death."

The report also recognised that, while a process existed to increase the amount imposed, it was "understandably challenging and requires specialist legal representation".

No such application was made on behalf of Mills, the report added.

Mills' wife described him as "a proud, loving husband and father who worked hard to provide for us".

"Being placed under a restraint order that left our family trying to survive on £250 a week devastated him," she added.

"The uncertainty of the investigation, the financial pressure and the sense of hopelessness it created completely broke the man we knew – Garry felt like he was failing us.

"We hope the coroner's report leads to real change so that people are not pushed to breaking point by a system that is meant to protect justice, not destroy lives."

  • If you have been affected by any of the issues in this story, help and support is available at BBC Action Line.

Follow BBC Surrey on Facebook, on X, and on Instagram. Send your story ideas to southeasttoday@bbc.co.uk or WhatsApp us on 08081 002250.

Related internet links