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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: £118.99
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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