The Proceeds of Crime
The Law and Practice of Restraint, Confiscation, and Forfeiture
Published on 1. October 2003
Book
Hardback
766 pages
978-0-19-926477-3 (ISBN)
Description
This is a comprehensive and practical step-by-step manual on the law relating to restraint, receivership, confiscation, and money laundering. The book includes detailed coverage of the Criminal Justice Act 1988, the Drug Trafficking Act 1994, and the Proceeds of Crime Act 2002 which extends the law surrounding asset forfeiture to cover all criminal activity. It also contains commentary and guidance on all the processes involved with particular emphasis on court procedures, precedents, and legislative extracts. An essential reference for both defending and prosecuting criminal lawyers, it will also be important to banking, insolvency, and family lawyers.
Reviews / Votes
...the book is designed in a easily navigable manner, particularly useful in court... not only an invaluable introduction to the area, but also a continued source of practical assistance 'by far the best book on the subject' 'I would not instruct a barrister in a proceeds of crime matter if they didn't have a copy of this book' - Henry Milner, Solicitor and Partner, Henry Milner and Co., London 'A well structured and lucid guide to a complex subject. An essential text for any criminal law practitioner.' Warren Foot, joint managing partner, Tarlos Lyons Solicitors, London 'an essential and invaluable text'- Criminal Bar Association News 'not only an invaluable introduction to the area, but also a continued source of practical assistance'- New Law Journal 'simply indispensable to anyone concerned with the criminal law' -Justice of the PeaceMore details
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Criminal practitioners (especially barristers and solicitors unfamiliar with the civil law elements of the new legislation), the Crown Prosecution Service, HM Customs & Excise, the Police, other Government agencies (eg. the Department of Trade & Industry, the Serious Fraud Office, and the Inland Revenue), banking, insolvency, and family lawyers, academics and reference libraries in the UK and worldwide.
ISBN-13
978-0-19-926477-3 (9780199264773)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
TREVOR MILLINGTON, Barrister, Senior Principle Lawyer, Assest Forfeiture Team, HM Customs & Excise, and MARK SUTHERLAND WILLIAMS, Barrister, 3 Paper Buildings, Temple
Content
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; 5. Applications to Vary and Discharge the Restraint Order 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 Receiverships Under POCA; 9. Preparation for DTA Confiscation Hearings; 10. The DTA Confiscation Hearing; 11. Preparation for CJA Confiscation Hearings; 12. The CJA Confiscation Hearing; 13. Variation of Confiscation Hearings Under the DTA and CJA; 14. Preparation for POCA Confiscation Hearings; 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, DTA, and POCA; 18. The Insolvent Defendant; 19. Civil Recovery, Recovery Orders, and Interim Receivers; 20. Recovery and Seizure of Cash Under the DTA; 21. Recovery and Seizure of Cash Under POCA; 22. Third Parties; 23. Obtaining the Evidence; 24. Appeals; 25. The International Element; 26. Money Laundering; 27. Disclosure of Suspicious Transactions; 28. Costs and Compensation; APPENDICES; Draft Orders, Letters, and Prescribed Forms