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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The Proceeds of Crime Act 2002

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ISBN13: 9780853088066
ISBN: 0853088063
Published: February 2003
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Paperback
Price: Out of print

Out Of Print

The Proceeds of Crime Act 2002 introduces a new regime for seizing assets that have been acquired through criminal conduct. The new Act:-

  • unifies the confiscation regimes for drugs and other offences;
  • creates an Asset Recovery Agency (ARA);
  • seeks to target lifestyle criminals;
  • replaces and strengthens the existing investigation procedures, providing the crown court with a series of new powers to freeze assets and obtain information and disclosure;
  • and creates new money laundering offences, replacing existing legislation.
This book provides an authoritative and accessible analysis of the new Act, with particular emphasis on the practical aspects of applying for and resisting confiscation orders. It is accompanied by the full text of the legislation as it applies to England and Wales.

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Criminal Law
Assets recovery agency; investigation powers; customer information orders; account monitoring orders; restraint orders; management receivers; production orders; confiscation, search and seizure warrants; draft forms for Crown Court; applications; step-by-step guide to making confiscation orders; key definitions; relevant case law; procedural guide; orders in the defendant's absence; enforcement powers; enforcement receivers; money laundering; reconsideration, variation and discharge; appeal; confiscation with a criminal conviction; civil recovery investigations and orders; interim receiving orders; recovery of cash in summary proceedings.;