Blackstone's Guide to the Proceeds of Crime Act 2002

by Rees QC, Edward; Fisher, Richard; Thomas, Richard

• ISBN13: 9780199601738
• ISBN10: 0199601739
• Edition: 4th
• Format: Paperback
• Copyright: 2011-09-15
• Publisher: Oxford University Press

Summary

TheBlackstone's GuideSeries delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Proceeds of Crime Act 2002 (POCA) came into force in February 2003, introducing a new anti-money laundering regime. It created the Asset Recovery Agency; introduced wide new powers in relation to the confiscation of criminal property; as well as new civil recovery and enforcement powers. The fourth edition of this popularBlackstone's Guideprovides a clear and accessible exploration of POCA. The book has been completely updated to include all recent developments, notably: the Criminal Procedure Rules 2010; the Policing and Crime Act 2009; the UK Borders Act 2007; and Statutory Instruments extending the powers of financial investigators and powers of cash searches and seizure. It also includes extensive coverage of recent relevant case law, including three House of Lords decisions redefining the meaning of 'obtaining' property (May, Jennings, Green). It includes the full updated text of POCA 2002, plus other essential materials.

Author Biography

Edward Rees QC is an experienced specialist asset recovery and fraud practitioner at Doughty Street Chambers (UK). He is a member of the Law Commission Advisory Panel and Honorary Fellow in Criminal Process at Kent University.

Richard Fisher is a barrister at Doughty Street Chambers (UK) specializing in cases involving fraud, money laundering, and asset recovery. He appears as a leading junior and advises in relation to matters where the Proceeds of Crime Act 2002 is engaged, including the seizure, detention and forfeiture of cash, the duties imposed on those in the regulated sector, and restraint, confiscation, and civil recovery issues.

Richard Thomas is a criminal barrister at Doughty Street Chambers. As a trial advocate, he has been instructed in cases of fraud and money laundering, and as a led junior he has appeared for the defense in cases of substantial multi-million pound banking frauds. In the field of the proceeds of crime and asset forfeiture, Richard has wide experience, both of proceedings connected to criminal prosecutions, but also in stand alone civil forfeiture applications.

Table of Contents

1. Introduction
2. Criminal Confiscation
3. Investigations into Criminal Proceeds
4. Restraint Proceedings and Management Receivership
5. Money Laundering
6. Civil Recovery of the Proceeds of Unlawful Conduct
7. Cash Seizure
8. Revenue Functions
Appendix 1- The Proceeds of Crime Act 2002 (as amended)
Appendix 2 - Criminal Procedure Rules 2010 (Parts 56-62 and 71-73)
Appendix 3 - The Money Laundering Regulations 2007
Appendix 4 - Practice Direction - Civil Recovery Proceedings