Millington and Sutherland Williams on The Proceeds of Crime / Edition 3

Millington and Sutherland Williams on The Proceeds of Crime / Edition 3

by Trevor Millington OBE, Mark Sutherland Williams
     
 

ISBN-10: 0199566127

ISBN-13: 9780199566129

Pub. Date: 05/02/2010

Publisher: Oxford University Press, USA


The Proceeds of Crime, 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 the release of restrained funds to meet legal expenses following the decisions of the Court of Appeal in Briggs-Price v RCPO and the rights of innocent spouses…  See more details below

Overview


The Proceeds of Crime, 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 the release of restrained funds to meet legal expenses following the decisions of the Court of Appeal in Briggs-Price v RCPO and the rights of innocent spouses in the matrimonial home in Gibson v RCPO.
It also covers changes in regulation and enforcement including an examination of the future of civil recovery following the abolition of the Assets Recovery Agency and the transfer of its power to the Serious Organized Crime Agency. 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.

Product Details

ISBN-13:
9780199566129
Publisher:
Oxford University Press, USA
Publication date:
05/02/2010
Edition description:
Revised
Pages:
816
Product dimensions:
7.00(w) x 9.80(h) x 2.00(d)

Table of Contents

Table of Cases

Tables of Legislation

Tables of European Legislation

Table of International Treaties and Conventions

1 Setting the Scene 1

2 Restraint Orders 15

3 Ancillary Orders: Seizure, Disclosure, and Repatriation of Assets 43

4 Management Receivers 61

5 Applications to Vary and Discharge Restraint Orders 85

6 Enforcement of Restraint and Receivership Orders: Contempt of Court 107

7 Practice and Procedure in Crown Court Restraint and Management Receivership Cases under POCA 123

8 Preparing for Confiscation Hearings 145

9 The Confiscation Hearing 177

10 Reconsideration of Confiscation Orders 231

11 Enforcement of Confiscation Orders 259

12 The Insolvent Defendant 307

13 Civil Recovery: Property Freezing Orders; Receivers; and Legal Expenses 313

14 Civil Recovery: Recovery Orders; The ECHR; and Taxation 359

15 The Seizure and Recovery of Cash 387

16 Third Parties 429

17 Investigations 465

18 Appeals 487

19 The International Element 511

20 Money Laundering 525

21 Disclosure of Suspicious Transactions 549

22 Costs, Funding Issues, and Compensation 569

23 Condemnation and Restoration 595

App. 1 The Proceeds of Crime Act 2002: Sections 6-18 (as amended) 643

App. 2 The Proceeds of Crime Act 2002: Sections 40-42 (as amended) 651

App. 3 The Proceeds of Crime Act 2002: Sections 48-51 (as amended) 655

App. 4 The Proceeds of Crime Act 2002: Section 69 (as amended) 659

App. 5 The Proceeds of Crime Act 2002: Sections 294-303A (as amended) 661

App. 6 The Proceeds of Crime Act 2002: Schedule 6 667

App. 7 Proceeds of Crime Act Restraint Order 669

App. 8 Management Receivership Order 679

App. 9 Enforcement Receivership Order 683

App. 10 Letter of Agreement between Prosecutor and Receiver 687

App. 11 Variation of Restraint Order 693

App. 12 Certificate of Inadequacy 695

App. 13 Extract from Practice Direction on POCA: Parts 5 and 8 (Section III) 697

App. 14 Extract from Practice Direction on POCA: Parts 5 and 8 (Section IV) 699

App. 15 Interim Receiving Order under Section 246 of POCA 2002 703

App. 16 Property Freezing Order 711

App. 17 Civil Recovery Order by Consent 717

App. 18 Financial Reporting Order 719

App. 19 Condemnation and Forfeiture of Goods 721

App. 20 Attorney-General Guidance to Prosecuting Bodies on their Asset Recovery Powers under the Proceeds of Crime Act 2002 725

Index 729

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