Full Description
A practical, user-friendly guide to this complex area of law, with clear analysis of legislation and proliferating case law allowing principles to be quickly identified and understood. A stage-by-stage explanation of the procedural requirements ensures that required forms and responses are completed well and within time limits.
The new edition incorporates developments in case law at Supreme Court level which has had a profound impact on the calculation of benefit and the need to achieve proportionality and compliance with the Human Rights Act. There have also been cases on apportionment and double recovery.
Cases covered in the second edition include:
Criminal confiscation
- Supreme Court case of R v Waya (2012) which has a profound impact on the calculation
of benefit and the need to achieve proportionality and compliance with the Human
Rights Act 1988 and Article 1 of the First Protocol of the European Convention.
- Supreme Court case of R v Ahmad and Field (2014), a crucial case on apportionment
and double recovery.
- Court of Appeal case of Shakeel Ahmed (2012) the CA largest ever confiscation order
overturned.
Civil recovery
- Perry v Serious Organised Crime Agency (2012) implications to extra territorial
jurisdiction of the Part V powers.
Contents
1. A brief history of confiscation law
2. Basic principles confiscation law
3. Restraint
4. Practice and procedure
5. Cash seizures
6. Enforcement, reconsideration of orders and appeals and the dead, absconded and insolvent
7. Case law
8. Civil recovery
9. Third party interests
Appendices
- Proceeds of Crime Act 2002
- Criminal Procedure Rules 2010
- Magistrates' Court (Detention and Forfeiture of Cash) Rules 2002
- AG guidance to prosecuting bodies on their asset recovery powers and POCA 2002
- Guidance for Prosecutors on the Discretion to Instigate Confiscation Proceedings
