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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Confiscation Manual

ISBN13: 9780414033542
Published: September 2015
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: £69.00

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The Confiscation Manual provides a straightforward and complete but concise guide to confiscation which can be used across the spectrum of those confronted with applications for the recovery of the proceeds of crime, whether they be corporate entities or individuals.

Practitioners need the clear and up-to-date guidance provided by this work to ensure the best results for their clients.

  • Guides you through the stages of a confiscation hearing chronologically, supporting them from initial instruction, to counsel advising on the hearing to arguing the issues in court, and the creation of a Confiscation Order
  • Encompasses the technical process around the Request for Information, the receipt of a s16 Statement of Information and s17 response, looking at criminal conduct, ‘lifestyle’ provisions, property valuation, apportionment, perceived fairness, and the Realisable Amount in relation to valuation, tainted gifts, third party interests and hidden assets.
  • Offers guidance on the making of the Order, including time to pay, period in default and the schedule of assets, before dealing with satisfying the Order and enforcement.
  • Considers the various outcomes following the imposition of a Confiscation Order, taking into account variations and appeals, cash forfeiture and civil recovery
  • Can be used as a clear and concise reference across the spectrum of those confronted with Confiscation Orders, whether they be corporate entities or individuals
  • Addresses the practical steps required from the defence position, aiding navigation through the complexities of the confiscation hearing in an informed and effective way
  • Illustrative examples based on day-to-day practice feature throughout
  • Includes flow charts of key processes illustrating the correct sequence of events, and checklists to be worked through when completing key forms or processes
  • Features essential practice tips to provide expert guidance on complex issues

Criminal Law, Money Laundering
1. Restraint Orders
a) Criteria for making
b) Variation
c) Discharge
d) Appeal

2. Issues Arising at Trial
a) Basis of plea
b) Evidence in the course of trial
c) Sentencing remarks
d) Abuse of process
e) Confiscation timetables

Section 18 Request for Information and Response
a) Preparation
b) Drafting
c) Further preparation prior to receipt of s.16 Statement

Section 16 Statement of Information and section 17 Response
a) Benefit Figure
i) Particular Criminal Conduct
ii) ‘Lifestyle’ Provisions
iii) Valuation of Property
iv) Apportionment
v) Double Counting and Unfairness
b) Realisable Amount
i) Valuation
ii) Tainted Gifts
iii) Third Party Interests
• Preferential/ Non-preferential debts
• Family Home
c) Hidden Assets

5. Expert Evidence
a) Forensic Accountants
b) Property Valuations

6. Confiscation Hearing
a) Negotiation
b) Procedure

7. Making the Order
a) Time to Pay
b) Period in Default
c) Schedule of Assets

8. Satisfying the Order and Enforcement
a) Making Payment
b) Appointment of Receivers
c) Enforcement Hearings

9. Variation
a) Prosecution seek to make or increase order
b) Order has been made and property has realised less than anticipated
c) Discharge of Order

10. Appeals
a) Powers of the Court of Appeal
b) Relevant Principles

11. Civil Proceedings
a) Civil Recovery
b) Cash Forfeiture