The Proceeds of Crime Law and Practice of Restraint, Confiscation, Condemnation, and Forfeiture

by Millington, Trevor; Sutherland Williams, Mark

• ISBN13: 9780199298648
• ISBN10: 0199298645
• Edition: 2nd
• Format: Hardcover
• Copyright: 2007-05-24
• Publisher: Oxford University Press

Summary

This second edition introduces the reader to the complexities of the proceeds of crime and asset recovery legislation in both a user-friendly and step-by-step way. This portable and easily navigable book provides the reader with a clear insight into every stage of assisting the client from restraint to confiscation and how to apply for a Certificate of Inadequacy and what powers enforcement authorities have to enforce orders, particularly the appointment of receivers.

Author Biography

Trevor Millington is a Barrister and Senior Lawyer in the Asset Forfeiture Unit of the Revenue and Customs Prosecutions Office (formerly the Solicitor's Office of HM Customs and Excise). Since 1989 he has specialised exclusively in the law relating to the restraint and confiscation of the proceeds of crime. In 1994 he was seconded to Gibraltar where he was responsible for drafting legislation to implement the EC Money Laundering Directive and to provide for the restraint and confiscation of the proceeds of crime. He has lectured widely on the subject and is author of Restraint and Confiscation Orders (FT Law and Tax, 1996).
Mark Sutherland Williams has appeared as counsel in a number of the most significant cases that have been decided in the proceeds of crime field in recent years. He was the first counsel to be instructed by HM Commissioners of Customs and Excise to obtain a restraint order under the Proceeds of Crime Act 2002 legislation. He regularly appears in both the High Court and the Court of Appeal in specialist forfeiture, receivership, restraint, and confiscation order matters. He is head of his chambers Public Law and Regulatory Group, including the Proceeds of Crime Unit.

Table of Contents

Setting the scene	p. 1
Restraint and charging orders under the DTA and CJA	p. 13
Management receivers under the DTA and CJA	p. 39
Ancillary orders : seizure, disclosure and repatriation of assets	p. 59
Applications to vary or discharge restraint orders made under the DTA and CJA	p. 73
Enforcement of restraint and receivership orders : contempt of court	p. 91
Practice and procedure in the high court : DTA and CJA cases	p. 103
Restraint and receivership under the Proceeds of Crime Act 2002	p. 119
Preparing for confiscation hearings under the DTA	p. 151
The DTA confiscation hearing	p. 173
Preparing for confiscation hearings under the CJA	p. 211
The CJA confiscation hearing	p. 229
Variations to confiscation orders under the DTA and CJA	p. 249
Preparing for confiscation hearings under POCA	p. 263
The POCA confiscation hearing	p. 283
Reconsideration of confiscation orders under POCA and the defendant who absconds	p. 301
Enforcement of confiscation orders under the CJA, the DTA and POCA	p. 323
The insolvent defendant	p. 355
Civil recovery : property freezing orders; interim receivers and legal expenses	p. 363
Civil recovery : recovery orders; pensions and the ECHR	p. 405
Recovery and seizure of cash under POCA	p. 431
Third parties and confiscation law	p. 473
Investigations	p. 509
Appeals	p. 527
The international element	p. 549
Money laundering	p. 571
Disclosure of suspicious transactions	p. 597
Costs and compensation	p. 619
Condemnation and restoration	p. 643
Restraint order	p. 689
Management receivership order	p. 695
Enforcement receivership order	p. 699
Letter of agreement between prosecutor and receiver	p. 703
Variation of restraint order	p. 707
LSC funding arrangements	p. 709
Application notice by defendant seeking a certificate of inadequacy	p. 711
Certificate of inadequacy	p. 715
Claim form (CPR part 8)	p. 717
Extract from the practice direction on POCA 2002 parts 5 and 8 : civil recovery : section III	p. 719
Extract from the practice direction on POCA 2002 parts 5 and 8 : civil recovery : section IV	p. 721
Schedule 6 to POCA 2002 sections 247 and 257	p. 725
Draft restraint, disclosure and repatriation order under POCA	p. 727
Certificate of service	p. 733
Interim receiving order under s 246 of POCA 2002	p. 735
Useful Websites on POCA 2002	p. 743
Property freezing order	p. 745
Civil recovery by consent order	p. 751
Guidance to solicitors and applicants seeking community legal service funding for proceedings under the Proceeds of Crime Act 2002 involving the Assets Recovery Agency	p. 755
Condemnation and forfeiture of goods	p. 761
ARA : settlement of civil recovery and tax cases	p. 765
Guidance by the secretary of state to the director of the Assets Recovery Agency	p. 767
The House of Lords decision in Capewell	p. 769
Table of Contents provided by Blackwell. All Rights Reserved.