Subjects:

Criminal Law

Contents:

1. Setting the Scene

2. Restraint and Charging Orders Under the DTA and CJA and POCA

3. Management Receivers Under the DTA and CJA and POCA

4. Ancillary Orders: Seizure, Disclosure, and Repatriation

5. Applications to Vary and Discharge the Restraint Order Made Under the DTA and CJA and POCA

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

7. Practice and Procedure in the High Court and Crown Court

8. Preparation for DTA, CJA and POCA Confiscation Hearings

9. The DTA, CJA, and POCA Confiscation Hearing

10. Variation of Confiscation Hearings Under the DTA and CJA

11. Reconsideration of Confiscation Orders Under POCA and the Defendant who Absconds

12. Enforcement of Confiscation Orders Under the CJA, DTA, and POCA

13. The Insolvent Defendant

14. Civil Recovery, Recovery Orders, and Interim Receivers

15. Property Freezing Orders

16. Condemnation

17. Recovery and Seizure of Cash Under POCA

18. Third Parties

19. Obtaining the Evidence

20. Appeals

21. The International Element

22. Money Laundering

23. Disclosure of Suspicious Transactions and the Professions

24. Costs and Compensation

The Proceeds of Crime second edition introduces the reader to the complexities of the proceeds of crime and asset recovery legislation in both a user-friendly and step-by-step way. This portable and easily navigable book provides the reader with a clear insight into every stage of assisting the client from restraint to confiscation and how to apply for a Certificate of Inadequacy and what powers enforcement authorities have to enforce orders, particularly the appointment of receivers.

Proceeds of crime and asset recovery law has taken on greater importance to the criminal practitioner in recent years, particularly with the transfer of the criminal restraint and receivership powers of the High Court to the Crown Court under the 2002 legislation. The new edition has been updated to include analysis of the most recent decisions emanating from the Courts, like Capewell and Jennings , together with comment on all of the main legislative changes, with reference to both the Criminal and Civil Procedure Rules and changes brought about by the Serious Organised Crime and Police Act 2005. It also includes new chapters on:-

• Restraint and receivership orders
• Practice and procedure in both the Crown Court and the High Court
• Disclosure orders
• Repatriation of assets from abroad
• How to deal with contempt of court applications
• Condemnation law (bootlegging)

• Completely updated to include recent case law, the Criminal Procedure Rules 2005, and the changes made to POCA by the Serious Organised Crime and Police Act 2005
• New chapters on freezing orders and condemnation are included
• Updated coverage on disclosure of suspicious transactions for professionals
• In-depth study on condemnation law and bootlegging