Blackstone's Guide to the Proceeds of Crime Act 2002

by EdwardReesQC (Author), RichardFisher (Author)

• Used

  Paperback
  2005

  $3.40

  The Blackstone's Guide Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, they offer expert commentary by leading names on the effects, extent and scope 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 has had a far-reaching impact on criminal procedure. The Act comprehensively addresses the detection and recovery of criminal property in all aspects under the overall supervision and control of a new body, the Assets Recovery Agency. Confiscation hearings and restraint orders are fast becoming part of the routine of a typical criminal practice. This second edition of the successful Guide provides a detailed commentary on the Proceeds of Crime Act 2002, whilst also covering all of the developments since the Act came into force in Spring 2003 and referring to subsequent related legislation.It contains the new set of Crown Court Rules governing procedures, forms, and timetables, and the new Code of Practice dealing with search, seizure warrants and production and disclosure orders. Also included is updated information on the money-laundering provisions, and a developed consideration of the workings and progress of the Assets Recovery Agency since its implementation. The user-friendliness of the Guide has been further improved with the addition of helpful court procedure guides at the end of each chapter. Practitioners will find this revised Guide an invaluable reference source and it is an essential purchase for every lawyer, both civil and criminal.

• Used

  Paperback
  2003

  $16.91

  The Proceeds of Crime Act 2002 is perhaps the most significant development in the criminal law since incorporation of the European Convention on Human Rights in 1998 and has far-reaching consequences in criminal procedure. It is designed to create a culture in which the confiscation of criminal assets is seen as an essential step in the investigation of crime, the processing of convicted defendants and the removal of assets from others identified as having benefited from criminal conduct. The new legislation contains a number of radical changes: The Act establishes a powerful Assets Recovery Agency with extensive investigative powers. The Agency will be able to pursue criminal assets through confiscation of the assets of convicted criminals or recovery of assets representing the proceeds of crime through civil actions. Importantly, civil recovery will permit the recovery of criminal assets where no conviction has been achieved. In addition, persons suspected of having benefited from crime will be liable to have their assets taxed by the Revenue Authorities. The Act amalgamates and strengthens existing powers available to restrain property whilst criminal proceedings are pending, and to seek an order for confiscation following conviction in both drugs cases and non-drugs offences. Existing restraint jurisdiction is transferred from the High Court to the Crown Court to create a one-stop shop for confiscation of crime proceeds. The Act also reforms the definition of money-laundering and replaces the existing separate drug and non-drug offences with a single consolidated set of charges.