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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Restraint and Confiscation Orders

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ISBN13: 9780752001517
ISBN: 0752001515
Published: June 1996
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: £219.00

Low stock.

Whether catering for the defence or the prosecution, this one-stop manual offers a clear and easy-to-follow exposition of the law as it relates to restraint and confiscation orders. It gives step-by-step guidance on what needs to be done at every stage of the proceedings, enabling practitioners to prepare applications to court with speed and accuracy and serve their clients' interests in the best way possible.

A comprehensive set of precedents and checklists covering each of these stages also helps them feel confident that nothing has been overlooked. These include: the procedures to follow when obtaining orders, how to vary and discharge orders, how to enforce orders defending confiscation proceedings in the Crown Court, and receivership proceedings in the High Court.

The author, an authority in the field, examines the important provisions of the Drug Trafficking Act 1994 which made radical and far reaching changes to confiscation law, as well as other key legislation including the Criminal Justice Act 1998, the Money Laundering Regulations 1993 and the Proceeds of Crime Act 1995.

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Criminal Law
Setting the scene.
Restraint and charging orders.
Procedure on applications for restraint and charging orders.
Ancillary orders.
Applying to vary or discharge the order.
Enforcement of restraint orders.
Preparing for crown court DTA hearings.
The DTA confiscation hearing.
The CJA confiscation hearing.
Enforcement of confiscation orders.
Third parties and confiscation law.
The international element.
Drug trafficking monies imported and exported in cash.
Obtaining the evidence.
Money laundering.
Disclosure of suspicious transactions.
The acquitted defendant: compensation and costs.