The proceeds of crime : law and practice of restraint, confiscation, condemnation and forfeiture

著者

    • Millington, Trevor
    • Williams, Mark Sutherland

書誌事項

The proceeds of crime : law and practice of restraint, confiscation, condemnation and forfeiture

Trevor Millington, Mark Sutherland Williams

Oxford University Press, 2007

2nd ed

  • : hardback

大学図書館所蔵 件 / 全7件

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注記

Previous ed.: 2003

Includes index

内容説明・目次

内容説明

The Proceeds of Crime second edition introduces the reader to the complexities of the proceeds of crime and asset recovery legislation in both a user-friendly and step-by-step way. This portable and easily navigable book provides the reader with a clear insight into every stage of assisting the client from restraint to confiscation and how to apply for a Certificate of Inadequacy and what powers enforcement authorities have to enforce orders, particularly the appointment of receivers. Proceeds of crime and asset recovery law has taken on greater importance to the criminal practitioner in recent years, particularly with the transfer of the criminal restraint and receivership powers of the High Court to the Crown Court under the 2002 legislation. The new edition has been updated to include analysis of the most recent decisions emanating from the Courts, like Capewell and Jennings, together with comment on all of the main legislative changes, with reference to both the Criminal and Civil Procedure Rules and changes brought about by the Serious Organised Crime and Police Act 2005. It also includes new chapters on: - Restraint and receivership orders - Practice and procedure in both the Crown Court and the High Court - Disclosure orders - Repatriation of assets from abroad - How to deal with contempt of court applications - Condemnation law (bootlegging) This second edition is an essential purchase for criminal practitioners, for the well-balanced and practical assistance it affords, both on the high street and in the court-room.

目次

  • 1. Setting the Scene
  • 2. Restraint and Charging Orders under the DTA and CJA
  • 3. Management Receivers under the DTA and CJA
  • 4. Ancillary Orders: Seizure, Disclosure and Repatriation of Assets
  • 5. Applications to Vary or Discharge Restraint Orders made under the DTA and CJA
  • 6. Enforcement of Restraint and Receivership Orders: Contempt of Court
  • 7. Practice and Procedure in the High Court: DTA and CJA Cases
  • 8. Restraint and Receivership under the Proceeds of Crime Act 2002
  • 9. Preparing for Confiscation Hearings under the DTA
  • 10. The DTA Confiscation Hearing
  • 11. Preparing for Confiscation Hearings under the CJA
  • 12. The CJA Confiscation Hearing
  • 13. Variations to Confiscation Orders under the DTA and CJA
  • 14. Preparing for Confiscation Hearings under POCA
  • 15. The POCA Confiscation Hearing
  • 16. Reconsideration of Confiscation Orders under POCA and the Defendant who Absconds
  • 17. Enforcement of Confiscation Orders under the CJA, the DTA and POCA
  • 18. The Insolvent Defendant
  • 19. Civil Recovery: Property Freezing Orders
  • Interim Receivers and Legal Expenses
  • 20. Civil Recovery: Recovery Orders
  • Pensions and the ECHR
  • 21. Recovery and Seizure of Cash under POCA
  • 22. Third Parties and Confiscation Law
  • 23. Investigations
  • 24. Appeals
  • 25. The International Element
  • 26. Money Laundering
  • 27. Disclosure of Suspicious Transactions
  • 28. Costs and Compensation
  • 29. Condemnation and Restoration
  • APPENDICES
  • Appendix 1: Restraint Order
  • Appendix 2: Management Receivership Order
  • Appendix 3: Enforcement Receivership Order
  • Appendix 4: Letter of Agreement between Prosecutor and Receiver
  • Appendix 5: Variation of Restraint Order
  • Appendix 6: LSC Funding Arrangements
  • Appendix 7: Application Notice by Defendant seeking a Certificate of Inadequacy
  • Appendix 8: Certificate of Inadequacy
  • Appendix 9: Claim Form (CPR PART 8)
  • Appendix 10: Extract from the Practice Direction on POCA 2002 Parts 5 and 8: Civil Recovery: section III
  • Appendix 11: Extract from the Practice Direction on POCA 2002 Parts 5 and 8: Civil Recovery: section IV
  • Appendix 12: Schedule 6 to POCA 2002 Sections 247 and 257
  • Appendix 13: Draft Restraint, Disclosure and Repatriation Order under POCA
  • Appendix 14: Certificate of Service
  • Appendix 15: Interim Receiving Order under s 246 of POCA 2002
  • Appendix 16: Useful Websites on POCA 2002
  • Appendix 17: Property Freezing Order
  • Appendix 18: Civil Recovery by Consent Order
  • Appendix 19: Guidance to solicitors and applicants seeking Community Legal Service funding for proceedings under the Proceeds of Crime Act 2002 involving the Assets Recovery Agency
  • Appendix 20: Condemnation and Forfeiture of Goods
  • Appendix 21: ARA: Settlement of Civil Recovery and Tax Cases
  • Appendix 22: Guidance by the Secretary of State to the Director of the Asets Recovery Agency
  • Appendix 23: The House of Lords Decision in Capewell

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