Blackstone's Guide to the Proceeds of Crime Act 2002

1. Introduction; Purpose of the Legislation; The New Law; Scheme of the Commentary; 2. The Assets Recovery Agency and the Serious Organised Crime Agency; Overview; The Director's Role and Functions; SOCA and the Serious Crime Act 2007; 3. Criminal Confiscation; Overview; The Process - A Summary; When Does the Act Apply?; Mandatory Enquiry; Evidence and Proof; Stage One of the Process: Determining 'Criminal Lifestyle'; Stage Two: Has the Defendant Benefited from Criminal Conduct?; The Assumptions; Stage Three: Determining the Recoverable Amount; Stage Four: Determining the Available Amount; Confiscation Orders and Sentence; Postponement; The Making of the Order; Enforcement; Reconsideration; Absconding Defendants; Appeals; Compensation; 4. Investigations into Criminal Proceeds; Overview; Production Orders; Search and Seizure Warrants; Disclosure Orders; Customer Information Orders; Account Monitoring Orders; Code of Practice Governing the Investigation Powers; Overseas Evidence; Prejudicing an Investigation; 5. Restraint Proceedings and Management Receivership; Overview; The Applicant; Conditions for Exercise of Restraint Powers; Exercise of the Courts' Powers and Effects of a Restraint Order; Variation, Discharge, and Appeal; Procedure and Evidence; Management Receivership; Compensation; 6. Money Laundering; Overview; Concealing the Proceeds of Criminal Conduct (Section 327); Assisting Another to Retain the Benefits of Criminal Conduct (Section 328); Acquisition, Use, and Possession of the Proceeds of Crime (Section 329); Reporting under Section 338; Conspiracy to Commit Offences under Sections 327-329; Failure to Disclose Knowledge or Suspicion of Money Laundering (Section 330); Tipping Off; Penalties; 7. Civil Recovery of the Proceeds of Unlawful Conduct; Introduction; Definitions; Acquisition in Good Faith; Tracing Property; Procedure; Interim Receiving Orders; Freezing Orders; Legal Expenses; The Making of a Recovery Order; The Trustee for Civil Recovery; 8. Cash Seizure; Introduction; Definitions; Search and Seizure; Detention of Cash; Further Investigation into Detained Cash; Forfeiture; Release of Detained Cash; Victims and Other Owners; Compensation; 9. Revenue Functions; General; Reasonable Grounds for Suspicion; Notice to the Commissioners; Appeals; APPENDIX 1- THE PROCEEDS OF CRIME ACT 2002 (AS AMENDED); APPENDIX 2 - CRIMINAL PROCEDURE RULES 2005 (PARTS 56-62 AND 72); APPENDIX 3 - THE MONEY LAUNDERING REGULATIONS 2007; APPENDIX 4 - PRACTICE DIRECTION - CIVIL RECOVERY PROCEEDINGS