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Millington and Sutherland Williams on The Proceeds of Crime 4th ed (eBook)

Mark Sutherland Williams, Michael Hopmeier, Rupert Jones

ISBN13: 9780191653599

Published: September 2013

Publisher: Oxford University Press

Country of Publication: UK

Format: eBook (ePub)

Price: Out of print
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Wildy's Book of the Month: October 2013

Millington and Sutherland Williams on The Proceeds of Crime provides a definitive guide to all aspects of the law concerning the recovery of the proceeds of crime in England and Wales.

It provides an easily navigable step-by-step approach that considers how the legislation is geared to ensuring that criminals do not benefit from their crimes financially, as well as detailed coverage of every stage of the confiscation process.

This new edition has been fully updated to include all important legislative changes over the last three years, and covers all significant case law, including discussion on R v Waya The new edition incorporates in-depth coverage of the relevant legislation, with analysis of:-

the Proceeds of Crime Act 2002 and reference to case law under both the Drug Trafficking Act 1994 and the Criminal Justice Act 1988, as well as the most recent amendments under the Crime and Courts Act 2013.

The new edition contains carefully selected appendices, including extracts from the Proceeds of Crime Act 2002, and draft restraint, receivership and civil recovery orders.

Subjects:: Criminal Law, Money Laundering, eBooks

Contents:: 1. Setting the Scene; Introduction; Why was Confiscation Law Enacted; The Object of the Confiscation Regime; The Proceeds of Crime Act 2002: A Summary; Agencies Responsible for the Enforcement of the Legislation; The International Element; Money Laundering; Recent Developments in Confiscation Law; Deferred Prosecution Agreements; 2. Restraint Orders; Introduction; Restraint Orders; Northern Ireland; Protecting Restraint Orders in Relation to Real Property; 3. Ancillary Orders; Introduction; Seizure of Assets; Disclosure Orders; Oral Examination; Repatriation of Assets; Writ of ne exeat regno; 4. Management Receivers; Introduction; Jurisdiction to Appoint Management Receivers; Exercising the Discretion to Appoint Management Receivers: The Capwell Guidelines; Satus of the Receiver on Appointment; Duties and Liabilities of the Receiver; Remuneration of Receivers; Discharge of the Receiver; Taxation and Receivers; 5. Application to Vary and Discharge Restraint Orders; Introduction; Applications to Dishcharge Restraint Orders; Applications to Vary the Restrtaint Order; The Principles on which the Court Acts: the 'Legislative Steer'; The Source for Payment of Legal Fees and General Living Expenses; Release of Funds after a Confiscation Order has been Made; 6. Enforcement of Restraint and Receivership of Orders: Contempt of Court; Introduction; Procedure in Crown Court Applications; The Hearing; Procedure on High Court Applications; The Hearing; 7. Practice and Procedure in the Crown Court; Introduction; The Overriding Objective; Procedure on Applications for Restraint Orders; Procedure on Applications to Vary or Discharge the Order; Receivership Proceedings; Provisions as to Evidence and the Service of Documents; 8. Preparing for Confiscation Hearings; Introduction; Confiscation in the Magistrates' Court; The Basics of Confiscation under POCA; Postponement of POCA Confiscation Hearings; Preparatory Steps for POCA Hearing; 9. The Confiscation Hearing; Introduction; Statutory Benefit; Valuing Benefit; Recoverable Amount; Tainted Gifts; Disproportionality; Time for Payment; The Effect of a Confiscation Order on Sentence and the Court's Other Powers; Appeals; Defendants Who Die or Abscond; 10. Reconsideration of Confiscation Orders; Introduction; Variation and Discharge under the Proceeds of Crime Act 2002; Reconsideration of Case where no Confiscation Order was Originally Made; Reconsideration of Benefit: Hearing held but no Confiscation Order Originally Made; Where a Confiscation Order had been Made: Reconsideration of Benefit; Procedure: Applications under Sections 19, 20, or 21 of POCA; Increase in Availabel Amount; Inadequacy of Available Amount; Variations and Discharge for Defendants who Abscond; 11. Enforcement of Confiscation Order; Introduction; Roles of Law Enforcment Agencies in the Satisfaction of Confiscation Orders; The Joint Asset Recovery Database; Voluntary Satisfaction by the Defendant; General Living Expenses and Legal Fees; Enforcement Receivers under POCA; Procedure on Applications for the Appointment of Enforcement Receivers under POCA; The Powers of the Magistrates' Court; Delay in Taking Enforcement Action; 12. The Insolvent Defendant; Introduction; The Position under POCA; Insolvency and Confiscation Orders; Interaction between Restraint and Insolvency Proceedings; 13. Civil Recovery: Property Freezing Orders and Interim Receivers; Introduction; Overview in Relation to Civil Recovery; Property Freezing Orders; Management Receiving Orders; Interim Recieving Orders; The Legislative Steer and Third Party Creditors; The Insolvent Respondent; Compensation in IRO and PFO Cases; Legal Expenses in Civil Recovery Proceedings; 14. Civil Recovery: Recovery Orders, the ECHR, and Taxation; Introduction; Recovery Orders; Safeguards and Exemptions in Civil Recovery; The Impact of the European Convention on Human Rights on Civil Recovery; Pension Schemes; Civil Recovery and Taxation; 15. The Seizure and Recovery of Cash; Introduction; The Seizure and Forfeiture of Cash; Practice and Procedure; Continued Detention Hearings: Practice; Applications for Forfeiture of Detained Cash; The Hearing; Rules of Evidence; Costs and Compensation; Appeals; Searched and Seizure of Cash; Compatibility of the Forfeiture Provisions with the ECHR; The Control of Cash (Penalties) Regulations; 16. Third Parties; Introduction; Restraint Orders; Confiscation Orders and their Enforcement; Specific Third Party Claims; Conclusion; 17. Investigations; Introduction; Defining Investigations; Courts and Judges having Jurisdiction to Make Orders; Production Orders; Search and Seizue Warrants; Judicial Discretion; Customer Information Orders; Account Monitoring Orders; Disclosure; Statements Made in Response to Orders; Financial Reporting Orders under the Serious Organised Crime and Police Act 2005; 18. Appeals; Introduction; Restraint Order Appeals: Practice and Procedure; Receivership Order Appeals: Practice and Procedure; Confiscation Order Appeals: Practice and Procedure; The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003; Appeal in connection with External Requests and Orders associated with Receivership Orders; Appeals against Orders for Cash Forfeiture or Condemnation; Appeals under Part 6 of POCA: Revenue Functions; The Criminal Cases Review Commission; Appeals against Findings of Contempt of Court; Thumbnail Guide to the Appeal Provisions within the Criminal Procedure Rules; 19. The Intenational Element; Introduction; Cooperation under POCA; Enforcement of POCA Confiscation Orders in Different Parts of the UK; Assistance under the Crime (International Co-operation)aCT 2003 (CICA); International Cooperation; 20. Money Laundering; Introduction; Money Laundering under the Proceeds of Crime Act 2002; 21. Disclosure of Suspicious Transactions; Introduction; Disclosure of Suspicious Transactions under POCA; Professional Legal Advisers; Suspicious Activity Reports: 'SARs'; Tipping Off; 22. Costs, Funding, and Compensation; Introduction; The Magistrates' Court and Costs; The Cown Court and Costs; Receivership Costs and Fees; Costs: High Court/Civil Cases; Legal Expenses and Legal Funding; Compensation; 23. Condemnation and Restoration; Introduction; The Condemnation and Forfeiture of Goods; Detention, Seizure, and Condemnation; Condemnation: Practice and Procedure; Condemnation: Costs and Compensation; Condemnation Appeals; Condemnation in the High Court; Condemnation and the ECHR; Red Diesel Cases; Delivery Up; Restoration; Restoration: Practice and Procedure; Restoration Appeals; Restoration: Costs and Compensation; The ECHR and Restoration; 24. Terrorism and the Proceeds of Crime; Introduction; Terrorism and the International Dimension; The UK Approach; 25. Civil Fraud before the Tax Tribunal; Introduction; Practice and Procedure; Relevant Enquiries and Practical Issues; Appendix 1 The Proceeds of Crime Act 2002: Sections 6-18 (as amended); Appendix 2 The Proceeds of Crime Act 2002: Sections 40-42 (as amended); Appendix 3 The Proceeds of Crime Act 2002: Sections 48-51 (as amended); Appendix 4 The Proceeds of Crime Act 2002: Section 69 (as amended); Appendix 5 The Proceeds of Crime Act 2002: Sections 294-303A (as amended); Appendix 6 The Proceeds of Crime Act 2002: Sections 327-329; Appendix 7 The Proceeds of Crime Act 2002: Section 340; Appendix 8 The Proceeds of Crime Act 2002: Schedule 6; Appendix 9 Restraint Order; Appendix 10 Management Receivership Order; Appendix 11 Enforcement Receivership Order; Appendix 12 Variation of Restraint Order; Appendix 13 Certificate of Inadequacy; Appendix 14 Extract from Practice Direction on POCA: Parts 5 and 8 (Section III); Appendix 15 Extract from Practice Direction on POCA: Parts 5 and 8 (Section IV); Appendix 16 Interim Receiving Order under Section 246 of POCA 2002; Appendix 17 Property Freezing Order; Appendix 18 Civil Recovery Order by Consent; Appendix 19 Financial Reporting Order; Appendix 20 Proceeds of Crime Litigation in Northern Ireland; Appendix 21 Overview of Money Laundering