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A Practitioner's Guide to Ancillary Orders in Criminal Courts

ISBN13: 9781526508720
Published: May 2019
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Paperback
Price: £85.00

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A Practitioner's Guide to Ancillary Orders in Criminal Courts aims to provide in clear format the law, application and analysis relating to Ancillary Orders that are available to criminal courts.

This includes Orders available on acquittal, eg Restraining Orders and Defence Costs Orders, as well as those only available on conviction, eg Sexual Harm Prevention Orders and Directors' Disqualification Orders.

The area has seen a lot of changes in recent years and a new criminal sentencing code, due to be implemented by the end of 2018, will provide greater clarity and awareness of the existence of Ancillary Orders which often tend to be overlooked.

Being governed by very detailed provisions requiring cross-referencing and the huge vaiety of ways in which they operate whether an experienced Circuit Judge or criminal law practitioner, the scope for error hwne working with Ancillary Orders can be high. This title fulfils the need for guidance and analysis of those Orders and sets out the consequences of breaches of those Orders, something that practitioners need to be aware of so as to prevent exposing their clients to a risk of agreeing to Orders in terms that are too onerous.

This title acts as an easy reference guide for advocates and courts alike. Each Order will be set out separately, so the law and precedent applying to that particular type of Order are presented within one self-contained chapter.

Legislation and case law covered will include:

  • Powers of Criminal Courts (Sentencing) Act 2000
  • Prosecution of Offences Act 1985
  • Protection from Harassment Act 1997
  • Sexual Offences Act 2003
  • Serious Crime Act 2007
  • Anti-social Behaviour, Crime and Policing Act 2014
  • Misuse of Drugs Act 1971
  • Firearms Act 1968
  • Company Directors' Disqualification Act 1986
  • Costs: R(Guney) v Central Criminal Court [2011] EWHC 767 (Admin), R v Reilly [2017] EWCA (Crim) 2240
  • SHPOs: Sokolowski [2017] EWCA Crim 1903
  • SCPOs: Hancox and Duffy [2010] EWCA Crim 102; Carey and Taylor [2012] EWCA Crim 1529
  • Driving disqualification: Needham [2016] EWCA Crim 455
  • Directors' disqualification: Cadman [2012] EWCA Crim 611

Criminal Law, Courts and Procedure

Part 1: Orders on conviction
Chapter 1 – Forfeiture, deprivation, destruction, and restitution orders
Chapter 2 – Compensation
Chapter 3 - Driving disqualification
Chapter 4 – Directors' disqualification
Chapter 5 - Sexual Harm Prevention Orders
Chapter 6 - Serious Crime Prevention Orders
Chapter 7 – Restraining Orders on conviction
Chapter 8 - Financial Reporting Orders
Chapter 9 - Travel Restriction Orders
Chapter 10 - Football Banning Orders

Part 2: Orders on acquittal/available without need for conviction
Chapter 11 - Defence Costs Orders
Chapter 12 - Restraining Orders on acquittal
Chapter 13– Sexual Harm Prevention Orders on application
Chapter 14 – Football Banning Orders on complaint

Part 3: Orders available only for young offenders
Chapter 15 – Reparation Orders

Part 4: Civil Orders made by Criminal Courts
Chapter 16 - Violent Offender Orders
Chapter 17 - Criminal Behaviour Orders
Chapter 18 - Sexual Risk Orders