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

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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.
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Product Details

  • ISBN-13: 9780199566129
  • Publisher: Oxford University Press, USA
  • Publication date: 5/2/2010
  • Edition description: Revised
  • Edition number: 3
  • Pages: 816
  • Product dimensions: 7.00 (w) x 9.80 (h) x 2.00 (d)

Meet the Author

Trevor Millington OBE is a barrister and Senior Lawyer in the Asset Forfeiture Division of the Revenue and Customs Prosecutions Office. Since 1989 he has specialised exclusively in the law relating to the restraint and confiscation of the proceeds of crime. In 1994 he was seconded to Gibraltar where he was responsible for drafting legislation to implement the EC Money Laundering Directive. On his return he was invited to establish an asset forfeiture unit within Customs and he has since pioneered the development of that area of the law, and has featured in a great number of the leading cases within the proceeds of crime field. He has lectured and written widely on the subject and is a member of the editorial board of The Proceeds of Crime Review. He is both a member of the Fraud Advisory Panel and a committee member of the Proceeds of Crime Lawyers Association.
Mark Sutherland Williams is a barrister and head of the Asset Forfeiture Group at 3 Paper Buildings. He has appeared as counsel in a number of the most significant cases that have been decided in the proceeds of crime field in recent years, including Sivaraman, Briggs-Price, Capewell, and Islam. He was the first counsel to be instructed by the Director of the Assets Recovery Agency to obtain an Interim Receivership Order and a Property Freezing Order and the first counsel to be instructed to obtain an external restraint order under SOCPA. He regularly appears in both the High Court and the Court of Appeal in specialist forfeiture, receivership, restraint, and confiscation order matters. He is the Treasurer of the Proceeds of Crime Lawyers Association, a visiting lecturer in Commercial Fraud at SOAS, and a member of the Fraud Advisory Panel.

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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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