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A Practical Guide to Confiscation and Restraint


ISBN13: 9781913715441
Published: February 2022
Publisher: Law Brief Publishing
Country of Publication: UK
Format: Paperback
Price: £49.99



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This book is a practical and quick-reference guide to the highly topical and complex issues of Confiscation and Restraint under the Proceeds of Crime Act 2002 (POCA) in criminal proceedings. It is aimed at both prosecution and defence practitioners giving advice, preparing statements, and on their feet in the Crown Court or before Magistrates. Confiscation and Restraint issues arise in many criminal cases, where the prosecution seek to recover benefit from the assets of those convicted. The book explains the underlying logic behind the various provisions and their operation in everyday practice. It is packed with useful insights and practical points to assist practitioners to swiftly identify and competently address the relevant issues, supported by references to authority in statute, case law and the Criminal Procedure Rules. The appendices provide examples of key documents which the practitioner can adapt to meet the defendant’s situation. A final chapter outlines issues in relation to civil account freezing and forfeiture applications in the Magistrates’ Court.

Subjects:
Criminal Law
Contents:
Introduction
Chapter One – Investigation and Charging
Chapter Two – Restraint
Chapter Three – Trial & Pleas
Chapter Four – Legal Aid Versus Private Representation
Chapter Five – The Fundamentals of Confiscation
Chapter Six – The Meanings of Some Common Terms
Chapter Seven – Section 18 & Section 18a Questionnaires
Chapter Eight – The Section 16 Statement of Information
Chapter Nine – Criminal Lifestyle
Chapter Ten – The Statutory Assumptions
Chapter Eleven – The Defendant’s Section 17 Response
Chapter Twelve – Expert Witnesses
Chapter Thirteen – Further Section 16 Statements & Responses
Chapter Fourteen – The Default Sentence
Chapter Fifteen – The Confiscation Hearing
Chapter Sixteen – Variation to Confiscation Orders
Chapter Seventeen – Absent Defendant
Chapter Eighteen – Appeals
Chapter Nineteen – Activating the Default Sentence
Chapter Twenty – A Second or Subsequent Confiscation Order
Chapter Twenty-One – Account Freezing and Forfeiture Orders
Appendix One – Section 18 Response
Appendix Two – Section 16(3) Statement
Appendix Three – Section 17 Response
Appendix Four – Scott Schedule
Appendix Five – Section 23 Application