New to this edition
Readership: Primary market: Practitioners (both in private practice, and those working for the various regulatory and prosecuting bodies) and Judges dealing with proceeds of crime cases. Secondary market: Commercial litigation practitioners, tax advisers, and accountants.
Release 7 (publishing April 2011) updates the work to cover the latest key legislative and case law developments. Changes covered in Part I include: · The creation of the new Crown Prosecution Service Proceeds of Crime Unit, the new SFO Proceeds of Crime Unit, and the forthcoming National Crime Agency and Economic Crime Agency. · R v Keith [2010] EWCA Crim 477 on when legitimate funds become criminal property. · The Court of Appeal decision in R v Geary [2010] EWCA Crim 1925 on the meaning of "arrangement". Changes covered in Part II include: · Revision of the chapter on terrorist property forfeiture to reflect the changes introduced by the Terrorist Asset-Freezing Act 2010. · R v Aspinwell [2010] EWCA Crim 1294 regarding a confiscation order with a sentence in default of three years. · The Court of Appeal decision in R v Magro, R v Brissett, R v Smith, R v Varma [2010] EWCA Crim 1575, [2010] 2 Cr. App. R. 25 on whether confiscation orders constitute a 'punishment'. · R v Birmingham Magistrates Court & Raymond Woolley [201] EWHC 12 (Admin) on the interrelation or extradition and the principle of specialty and the enforcement of a confiscation order. Changes covered in Part III include: · The decision in Gale v SOCA [2010] EWCA Civ 759, [2010] 1 WLR 2881, Times November 22, 2010 regarding the recovery of the costs of an interim receiver. · The decision in Organised Crime Agency v Perry and Others [2010] EWHC 1711 (Admin) regarding the ability of courts in the UK jurisdiction to make a civil recovery order over property located abroad. · Capper v Chaney [2010] EWHC 1704 (Ch) on determining ownership of detained cash · R v Crisp [2010] EWCA Crim 355 on the interrelation between cash forfeiture and criminal confiscation. · The important Court of Appeal decision on costs in Perinpanathan [2010] EWCA Civ 40; [2010] 1 WLR 1508. · The effects of the amendments to POCA brought about by the coming into force of the UK Borders Act 2007 and sections of the Policing and Crime Act 2009. Appendices updated to include: · The full text of the Money Laundering Regulations 2007 (SI 2007/2157). · New extracts from the Criminal Procedure Rules 2010.
Edited by Ian Smith, Barrister, 11 Stone Buildings, Lincoln's Inn, Tim Owen QC, Barrister, Matrix Chambers, and Andrew Bodnar, Barrister, Matrix Chambers
BINDER I PART I - POCA REGIMES, INVESTIGATION, MONEY LAUNDERING, AND TERRORIST FINANCING 1: The Asset Recovery Regime 2: Power of Investigation 3: Money Laundering and Terrorist Financing PART II - CRIMINAL CONFISCATION AND TERRORIST PROPERTY FORFEITURE 1: Criminal Confiscation and Terrorist Property Forfeiture: Preservation of Assets 2: Criminal Confiscation 3: Criminal Compensation, Forfeiture, and Restitution Orders 4: Terrorist Property Forfeiture 5: Criminal Confiscation and Terrorist Property Forfeiture: Enforcement 6: Reconsideration of Confiscations Orders MATERIALS Materials Part I-Precedents (1) Proceeds of Crime Act 2002-Restraint Order Prohibiting Disposal of Assets (2) Proceeds of Crime Act 2002-Draft Order Appointing an Enforcement Receiver (3) Proceeds of Crime Act 2002 Form1-Notice of Application for Leave to Appeal and Appeal by the enforcement agency (4) Proceeds of Crime Act 2002 Form2-Notice and Grounds of Opposition to an Application for Leave to Appeal and Appeal by the enforcement agency (5) An Application and Witness Statement in Support of an Increase or Decrease in relation to Proceeds of Crime Act 2002 s 22 (6) An Application and Witness Statement in Support of an Increase or Decrease in relation to Proceeds of Crime Act 2002 s 23 (7) Draft Management Receivership Order for use in a Criminal Justice Act, Drug Trafficking Act or Proceeds of Crime Act Matter (8) Witness Statement for Use in Support of a Criminal Justice Act, Drug Trafficking Act or Proceeds of Crime Act Matter Materials Part II- Appendices Appendix 1 - United Kingdom Statutes Appendix 2 - POCA Statutory Instruments Appendix 3 - Other Statutory Instruments Appendix 4 - Rules of Court Appendix 5 - Court Practice Directions Appendix 6 - International Materials INDEX BINDER II PART III - CIVIL RECOVERY 1: Civil Recovery: Preservation of Assets 2: Civil Recovery: Proceedings and Hearing 3: Civil Recovery: Enforcement 4: Civil Recovery: Cash Detention and Forfeiture in Summary Proceedings PART IV - INSOLVENCY, TAXATION, AND INTERNATIONAL ENFORCEMENT AND ASSISTANCE 1: Insolvency 2: Taxation in Asset Recovery 3: Taxation: International Enforcement and Assistance 4: Criminal Confiscation and Forfeiture: International Enforcement and Assistance 5: Terrorist Property Forfeiture: International Enforcement and Assistance 6: Civil Recovery Claims: International Enforcement and Assistance MATERIALS Materials Part I-Precedents (1) Proceeds of Crime Act 2002 Property Freezing Order (2) Proceeds of Crime Act 2002 Interim Receivership Order (3) Practice Direction on Civil Recovery Proceedings (4) Criminal Procedure Rules Part 8 Claim Form (5) Forms from Magistrates Courts (Detention and Forfeiture of Cash) Rules 2002 SI 2998 (6) Draft Civil Recovery Order Materials Part II- Appendices Appendix 1 - United Kingdom Statutes Appendix 2 - POCA Statutory Instruments Appendix 3 - Other Statutory Instruments Appendix 4 - Rules of Court Appendix 5 - Court Practice Directions Appendix 6 - International Materials
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