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Millington and Sutherland Williams on The Proceeds of Crime, 5th Edition

Millington and Sutherland Williams on The Proceeds of Crime, 5th Edition

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198758150
  • 出版时间 January 2018
  • 规格: Hardback , 832 pages
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

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  • 描述 
  • 大纲 
  • 作者 
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  • 详细

    • Definitive coverage of the law of restraint, confiscation, condemnation and forfeiture, including asset recovery
    • Step-by-step practical guide to confiscation hearings, enforcement, and appeals
    • Examines civil recovery following the abolition of the Assets Recovery Agency and the transfer of its powers to the Serious Organised Crime Agency and other enforcement authorities

    New to this edition

    • Contains two new chapters on terrorism and civil fraud before the tax tribunal
    • Written by the Editors and with contributions from an authoritative team from 3PB and the Chambers of David Fisher QC and David Perry QC, 6KBW College Hill
    • Provides extensive discussion of recent case law, including the Supreme Court case of R v Waya, which has clarified criminal confiscation law

    Millington and Sutherland Williams on The Proceeds of Crime provides a definitive guide to all aspects of the law concerning the recovery of the proceeds of crime in England and Wales. It provides an easily navigable step-by-step approach that considers how the legislation is geared to ensuring that criminals do not benefit from their crimes financially, as well as detailed coverage of every stage of the confiscation process.

    This new edition has been fully updated to include all important legislative changes over the last three years, and covers all significant case law, including discussion on R v Waya

    The new edition incorporates in-depth coverage of the relevant legislation, with analysis of the Proceeds of Crime Act 2002 and reference to case law under both the Drug Trafficking Act 1994 and the Criminal Justice Act 1988, as well as the most recent amendments under the Crime and Courts Act 2013.

    The new edition contains carefully selected appendices, including extracts from the Proceeds of Crime Act 2002, and draft restraint, receivership and civil recovery orders.

     

    Readership: Primary: Solicitors, barristers, government lawyers specializing in criminal law; judges sitting in criminal law; Secondary: insolvency practitioners; magistrates' clerks; money laundering officers; receivers; criminal and financial investigators; police officers; academics and students.

  • 1: Setting the Scene
    Introduction
    Why was Confiscation Law Enacted
    The Object of the Confiscation Regime
    The Proceeds of Crime Act 2002: A Summary
    Agencies Responsible for the Enforcement of the Legislation
    The International Element
    Money Laundering
    Recent Developments in Confiscation Law
    Deferred Prosecution Agreements
    2: Restraint Orders
    Introduction
    Restraint Orders
    Northern Ireland
    Protecting Restraint Orders in Relation to Real Property
    3: Ancillary Orders
    Introduction
    Seizure of Assets
    Disclosure Orders
    Oral Examination
    Repatriation of Assets
    Writ of ne exeat regno
    4: Management Receivers
    Introduction
    Jurisdiction to Appoint Management Receivers
    Exercising the Discretion to Appoint Management Receivers: The Capwell Guidelines
    Satus of the Receiver on Appointment
    Duties and Liabilities of the Receiver
    Remuneration of Receivers
    Discharge of the Receiver
    Taxation and Receivers
    5: . Application to Vary and Discharge Restraint Orders
    Introduction
    Applications to Dishcharge Restraint Orders
    Applications to Vary the Restrtaint Order
    The Principles on which the Court Acts: the 'Legislative Steer'
    The Source for Payment of Legal Fees and General Living Expenses
    Release of Funds after a Confiscation Order has been Made
    6: Enforcement of Restraint and Receivership of Orders: Contempt of Court
    Introduction
    Procedure in Crown Court Applications
    The Hearing
    Procedure on High Court Applications
    The Hearing
    7: Practice and Procedure in the Crown Court
    Introduction
    The Overriding Objective
    Procedure on Applications for Restraint Orders
    Procedure on Applications to Vary or Discharge the Order
    Receivership Proceedings
    Provisions as to Evidence and the Service of Documents
    8.: Preparing for Confiscation Hearings
    Introduction
    Confiscation in the Magistrates' Court
    The Basics of Confiscation under POCA
    Postponement of POCA Confiscation Hearings
    Preparatory Steps for POCA Hearing
    9: The Confiscation Hearing
    Introduction
    Statutory Benefit
    Valuing Benefit
    Recoverable Amount
    Tainted Gifts
    Disproportionality
    Time for Payment
    The Effect of a Confiscation Order on Sentence and the Court's Other Powers
    Appeals
    Defendants Who Die or Abscond
    10: Reconsideration of Confiscation Orders
    Introduction
    Variation and Discharge under the Proceeds of Crime Act 2002
    Reconsideration of Case where no Confiscation Order was Originally Made
    Reconsideration of Benefit: Hearing held but no Confiscation Order Originally Made
    Where a Confiscation Order had been Made: Reconsideration of Benefit
    Procedure: Applications under Sections 19, 20, or 21 of POCA
    Increase in Availabel Amount
    Inadequacy of Available Amount
    Variations and Discharge for Defendants who Abscond
    11: Enforcement of Confiscation Order
    Introduction
    Roles of Law Enforcment Agencies in the Satisfaction of Confiscation Orders
    The Joint Asset Recovery Database
    Voluntary Satisfaction by the Defendant
    General Living Expenses and Legal Fees
    Enforcement Receivers under POCA
    Procedure on Applications for the Appointment of Enforcement Receivers under POCA
    The Powers of the Magistrates' Court
    Delay in Taking Enforcement Action
    12.: The Insolvent Defendant
    Introduction
    The Position under POCA
    Insolvency and Confiscation Orders
    Interaction between Restraint and Insolvency Proceedings
    13: Civil Recovery: Property Freezing Orders and Interim Receivers
    Introduction
    Overview in Relation to Civil Recovery
    Property Freezing Orders
    Management Receiving Orders
    Interim Recieving Orders
    The Legislative Steer and Third Party Creditors
    The Insolvent Respondent
    Compensation in IRO and PFO Cases
    Legal Expenses in Civil Recovery Proceedings
    14: Civil Recovery: Recovery Orders, the ECHR, and Taxation
    Introduction
    Recovery Orders
    Safeguards and Exemptions in Civil Recovery
    The Impact of the European Convention on Human Rights on Civil Recovery
    Pension Schemes
    Civil Recovery and Taxation
    15: The Seizure and Recovery of Cash
    Introduction
    The Seizure and Forfeiture of Cash
    Practice and Procedure
    Continued Detention Hearings: Practice
    Applications for Forfeiture of Detained Cash
    The Hearing
    Rules of Evidence
    Costs and Compensation
    Appeals
    Searched and Seizure of Cash
    Compatibility of the Forfeiture Provisions with the ECHR
    The Control of Cash (Penalties) Regulations
    16: Third Parties
    Introduction
    Restraint Orders
    Confiscation Orders and their Enforcement
    Specific Third Party Claims
    Conclusion
    17: Investigations
    Introduction
    Defining Investigations
    Courts and Judges having Jurisdiction to Make Orders
    Production Orders
    Search and Seizue Warrants
    Judicial Discretion
    Customer Information Orders
    Account Monitoring Orders
    Disclosure
    Statements Made in Response to Orders
    Financial Reporting Orders under the Serious Organised Crime and Police Act 2005
    18.: Appeals
    Introduction
    Restraint Order Appeals: Practice and Procedure
    Receivership Order Appeals: Practice and Procedure
    Confiscation Order Appeals: Practice and Procedure
    The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003
    Appeal in connection with External Requests and Orders associated with Receivership Orders
    Appeals against Orders for Cash Forfeiture or Condemnation
    Appeals under Part 6 of POCA: Revenue Functions
    The Criminal Cases Review Commission
    Appeals against Findings of Contempt of Court
    Thumbnail Guide to the Appeal Provisions within the Criminal Procedure Rules
    19: The Intenational Element
    Introduction
    Cooperation under POCA
    Enforcement of POCA Confiscation Orders in Different Parts of the UK
    Assistance under the Crime (International Co-operation)aCT 2003 (CICA)
    International Cooperation
    20: Money Laundering
    Introduction
    Money Laundering under the Proceeds of Crime Act 2002
    21: Disclosure of Suspicious Transactions
    Introduction
    Disclosure of Suspicious Transactions under POCA
    Professional Legal Advisers
    Suspicious Activity Reports: 'SARs'
    Tipping Off
    22: Costs, Funding, and Compensation
    Introduction
    The Magistrates' Court and Costs
    The Cown Court and Costs
    Receivership Costs and Fees
    Costs: High Court/Civil Cases
    Legal Expenses and Legal Funding
    Compensation
    23: Condemnation and Restoration
    Introduction
    The Condemnation and Forfeiture of Goods
    Detention, Seizure, and Condemnation
    Condemnation: Practice and Procedure
    Condemnation: Costs and Compensation
    Condemnation Appeals
    Condemnation in the High Court
    Condemnation and the ECHR
    Red Diesel Cases
    Delivery Up
    Restoration
    Restoration: Practice and Procedure
    Restoration Appeals
    Restoration: Costs and Compensation
    The ECHR and Restoration
    24: Terrorism and the Proceeds of Crime
    Introduction
    Terrorism and the International Dimension
    The UK Approach
    25: Civil Fraud before the Tax Tribunal
    Introduction
    Practice and Procedure
    Relevant Enquiries and Practical Issues
    Appendix 1: The Proceeds of Crime Act 2002: Sections 6-18 (as amended)
    Appendix 2: The Proceeds of Crime Act 2002: Sections 40-42 (as amended)
    Appendix 3: The Proceeds of Crime Act 2002: Sections 48-51 (as amended)
    Appendix 4: The Proceeds of Crime Act 2002: Section 69 (as amended)
    Appendix 5: The Proceeds of Crime Act 2002: Sections 294-303A (as amended)
    Appendix 6: The Proceeds of Crime Act 2002: Sections 327-329
    Appendix 7: The Proceeds of Crime Act 2002: Section 340
    Appendix 8: The Proceeds of Crime Act 2002: Schedule 6
    Appendix 9: Restraint Order
    Appendix 10: Management Receivership Order
    Appendix 11: Enforcement Receivership Order
    Appendix 12: Variation of Restraint Order
    Appendix 13: Certificate of Inadequacy
    Appendix 14: Extract from Practice Direction on POCA: Parts 5 and 8 (Section III)
    Appendix 15: Extract from Practice Direction on POCA: Parts 5 and 8 (Section IV)
    Appendix 16: Interim Receiving Order under Section 246 of POCA 2002
    Appendix 17: Property Freezing Order
    Appendix 18: Civil Recovery Order by Consent
    Appendix 19: Financial Reporting Order
    Appendix 20: Proceeds of Crime Litigation in Northern Ireland
    Appendix 21: Overview of Money Laundering

  • Mark Sutherland Williams is a Judge of the First-Tier Tribunal based at Southampton. He was previously a barrister at 3PB, where he appeared as counsel in a number of the most significant cases decided in the proceeds of crime field, and was head of the Asset Forfeiture Group for 10 years.

    HHJ Michael Hopmeier is a Circuit Judge based at Kingston Crown Court. He was previously a barrister at Hardwicke Chambers and 23 Essex Street and, during a 30 year career at the Bar, undertook many high-profile fraud cases, both prosecuting and defending.

    Rupert Jones is a barrister at The Chambers of Ian Lawrie QC, 3 Paper Buildings. He was called to the Bar in 2000 and specialises in the field of asset forfeiture and proceeds of crime.

     

    Contributors: 
    SHEENA CASSIDY, 3 Paper Buildings
    JAMES CHEGWIDDEN, Chambers of David Fisher QC and David Perry QC
    JAMES DENNISON,2 Dr Johnson's Buildings
    MATHEW GULLICK, 3 Paper Buildings
    WILLIAM HAYS, Chambers of David Fisher QC and David Perry QC
    PAUL JARVIS, Chambers of David Fisher QC and David Perry QC
    IAIN MACWHANNELL, 3 Paper Buildings
    PAUL O'DOHERTY, 3 Paper Buildings
    OLIVER POWELL, 3 Paper Buildings
    SARAH WHITEHOUSE, Chambers of David Fisher QC and David Perry QC

  • Review(s) from previous edition

    "...by far the best book on the subject - Henry Milner, Solicitor and Partner, Henry Milner & Co

    "...an essential and invaluable text..." - Criminal Bar Association News

    "not only an invaluable introduction to the area, but also a continued source of practical assistance" - New Law Journal

    "...simply indispensable to anyone concerned with the criminal law" - Justice of the Peace

    "absolute gem of a book for those whose practice involves the Proceeds of Crime Act 2002 in any way, written by authors with extensive experience in the field." - The Law Society, Gatekeeper Newsletter

    "a welcome balance between...the need to provide step-by-step practical guidance to practitioners and their desire to explain and comment on the context of, and the impetus for, legislative change." - Robert Amaee, Law Society Gazette

    "A great legal 'help mate' to judge and lawyer alike." - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

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