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Confiscation Law Handbook
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Book Synopsis Confiscation Law Handbook by : Ruth Barber
Download or read book Confiscation Law Handbook written by Ruth Barber and published by A&C Black. This book was released on 2011-09-30 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical handbook suitable for the busy practitioner or practitioner new to the field dealing with all the basic aspects of confiscation law including civil remedies. This book is useful for those giving advice at trial stage on the future impact of confiscation proceedings. A clear analysis of the proliferating caselaw in the field allows principles to be quickly identified and understood and a stage by stage explanation of the procedural requirements ensures that required forms and responses are completed well and within time limits. It provides a review of all the key confiscation provisions of the Proceeds of Crime Act 2002 including Part V civil recovery provisions, the use of which is set to expand. Contents includes: A brief history of confiscation law; Basic principles and timetable of 3-5; Confiscation consequent upon conviction; Cash seizures; Asset recovery under Part V; Caselaw; Problem areas; Appeals; Enforcement Stage; Civil Remedies; The future of confiscation law.
Book Synopsis Confiscation Law Handbook by : Adrian Eissa QC
Download or read book Confiscation Law Handbook written by Adrian Eissa QC and published by Bloomsbury Professional. This book was released on 2025-07-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Confiscation Manual by : James O'Hara
Download or read book The Confiscation Manual written by James O'Hara and published by . This book was released on 2015-09-23 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Confiscation Manual' provides a straightforward and complete but concise guide to confiscation which can be used across the spectrum of those confronted with applications for the recovery of the proceeds of crime, whether they be corporate entities or individuals.
Book Synopsis Extended Confiscation in Criminal Law by : Malin Thunberg Schunke
Download or read book Extended Confiscation in Criminal Law written by Malin Thunberg Schunke and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the development of extended confiscation in criminal law. With its main focus on the framework of the European Union, national and international regimes on confiscation are viewed from a multi-faceted perspective.
Book Synopsis A Practical Guide to Confiscation and Restraint by : Narita Bahra
Download or read book A Practical Guide to Confiscation and Restraint written by Narita Bahra and published by . This book was released on 2022-02-21 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical and quick-reference guide to the highly topical and complex issues of Confiscation and Restraint under the Proceeds of Crime Act 2002 (POCA) in criminal proceedings. It is aimed at both prosecution and defence practitioners giving advice, preparing statements, and on their feet in the Crown Court or before Magistrates. Confiscation and Restraint issues arise in many criminal cases, where the prosecution seek to recover benefit from the assets of those convicted. The book explains the underlying logic behind the various provisions and their operation in everyday practice. It is packed with useful insights and practical points to assist practitioners to swiftly identify and competently address the relevant issues, supported by references to authority in statute, case law and the Criminal Procedure Rules. The appendices provide examples of key documents which the practitioner can adapt to meet the defendant's situation. A final chapter outlines issues in relation to civil account freezing and forfeiture applications in the Magistrates' Court. "It is a great achievement to create a short guide to this area ... clear and accessible ... Practitioners will do well to carry it with them and use it as their first port of call to guide them in the right direction. It will save them from error and give them confidence to tackle cases which may at first seem intractable." - From the Foreword by Lord Justice Edis
Book Synopsis The Proceeds of Crime by : Trevor Millington
Download or read book The Proceeds of Crime written by Trevor Millington and published by Oxford University Press, USA. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical and accessible guide to the Proceeds of Crime Act 2002 and its associated statutes, and also the formidable body of case law it has accumulated.
Book Synopsis Extended Confiscation in Criminal Law by : Malin Thunberg Schunke
Download or read book Extended Confiscation in Criminal Law written by Malin Thunberg Schunke and published by . This book was released on 2017 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the measure of extended confiscation as an instrument of criminal policy. National and international regimes on confiscation are viewed from a multi-faceted perspective, and the main focus is the framework of the European Union. The book begins by examining extended confiscation from the national perspective, presenting the substantive criteria for this power of confiscation. It focuses on three main jurisdictions : England and Wales, Germany and Sweden ; and explores how domestic legislation is drafted and applied in their differing models. A key point of the analysis focuses on Directive 2014/42/EU on the Freezing and Confiscation of Instrumentalities and Proceeds of Crime in the European Union, which aims at harmonising the national powers of confiscation. This book explores whether such measures really lead to more efficiency, or if other reforms may be more effective. An overriding issue is whether increased powers of extended confiscation strike the right balance between the interest of law enforcement and the protection of human rights. The second part of the book deals with the international perspective. The notion of extended confiscation is set in the broader context of transnational cooperation regarding the confiscation of assets.
Book Synopsis Civil Forfeiture of Criminal Property by : Simon N. M. Young
Download or read book Civil Forfeiture of Criminal Property written by Simon N. M. Young and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . this work is an important contribution to the global discourse on pursuing property, money or resources linked to crime. Michelle Gallant, Journal of Business Law Informed and informative, Civil Forfeiture of Criminal Property is a seminal work of impressive scholarship and strongly recommended for professional, academic, and governmental judicial studies collections in general, and criminal justice reference collections in particular. Library Bookwatch, Midwest Book Review This book is interesting because there is a dearth of writing on the subject. It must be read for that reason. Sally Ramage, The Criminal Lawyer Once called the monster that ate jurisprudence , civil forfeiture is now an established weapon in the fight against organized crime, terrorism, drug trafficking and corruption. This fine collection of essays covering civil forfeiture regimes in ten diverse jurisdictions, written by leading practitioners, provides a comprehensive and detailed overview of the jurisprudential, legal, political and practical dimensions of the new generation of these powerful and controversial laws. I commend this book to criminal, civil, comparative and human rights lawyers who have an interest in how serious and profit-motivated crime, and responses to it, develop over time and in different legal cultures. Arie Freiberg, Monash University, Australia In this book, which is the first of its kind, leading experts examine the civil and criminal forfeiture systems in Australia, Canada, China, Ireland, South Africa, the United Kingdom and the United States. In the fight against organized crime and international money laundering, there is a global trend for countries to enact forfeiture and confiscation laws that are applied through the civil process rather than the traditional criminal justice system. The authors gathered here analyze the appeal these civil forfeiture laws have for governments for their potential to disrupt criminal organizations and for their quantifiable benefits to the state. But without the usual safeguards of the criminal process, civil forfeiture laws are controversial, attracting constitutional challenges, particularly on human rights grounds. This book will be of great interest to policy-makers in government, and law enforcement agencies who are thinking of reforming their own laws, as well as to law reform agencies or select parliamentary committees where the issue of reform is topical. It will also appeal to students in criminal law, criminology and human rights.
Book Synopsis Confiscation in Private International Law by : Pieter Adriaanse
Download or read book Confiscation in Private International Law written by Pieter Adriaanse and published by Springer. This book was released on 1956-01-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: was discussed by the Institut de Droit International at Siena 1 and recently, in 1954, it was the principal item of the meeting of the Netherlands Branch of the International Law Association 2. This study aims at contributing to the not too extensive literature on the subject. 11. BACKGROUND One cannot consider law and justice without considering at the same time the people whom they concern. And people again cannot be imagined without feelings, political and social views, and economic interests. The law could not exist without such a background. The history of various acts of confiscation in the twentieth century proves the enormous importance of the back ground underlying these problems. Russian confiscations are in the light of the Bolshevist doctrine only becoming intelligible of revolution; the M exicanization of the oil industry is in keeping with Mexican social development preceding it; the confiscations which took place in Germany under the Nazi regime must be understood as the outcome of a certain ideology; unfortunately confiscations due to operations in time of war are self-explana tory. A single school of thought governs each one alike: rights of individuals are considered of less and less importance. It was not by chance that the infringement of private property, notably in the great political upheavals, often went hand in hand with a dedining interest in the protection of the individual freedom. Where the state infringes the proprietary rights of individuals, it will even more readily do the same as regards personal freedom.
Book Synopsis Asset Recovery Handbook by : Jean-Pierre Brun
Download or read book Asset Recovery Handbook written by Jean-Pierre Brun and published by World Bank Publications. This book was released on 2011-01-18 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook is designed as a 'how-to' manual that guides practitioners as they grapple with the strategic, organizational, investigative, and legal challenges of recovering assets that have been stolen by corrupt leaders and hidden abroad.
Book Synopsis The Limits of Asset Confiscation by : Johan Boucht
Download or read book The Limits of Asset Confiscation written by Johan Boucht and published by Bloomsbury Publishing. This book was released on 2017-06-01 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a normative analysis of the justifications and limits of asset confiscation as a crime control measure in a comparative perspective. More specifically, it deals with what in this context is referred to as extended appropriation, that is, confiscation in cases where the causal link between the property (the proceeds of crime) in question and the predicate offence(s) is less obvious. Particular focus is placed on extended criminal confiscation and civil recovery. These forms of confiscation give rise to a number of complex legal issues. The overarching purpose of the book is to provide an analysis of the nature of extended appropriation within the criminal justice system and to discuss a normative framework that may assist in assessing the legitimacy of such confiscation schemes. It also seeks to explore what a fair and reasonable balance between the interests of the state and those of the individual in this field might look like. The analysis starts from an acknowledgement not only of the need for having effective confiscation regimes in place, but also of the need for protecting the interests of the individual. It is hoped that the book will stimulate further discussion on the legitimacy of asset recovery as a crime control measure.
Book Synopsis Asset Forfeiture Law and Practice Manual by :
Download or read book Asset Forfeiture Law and Practice Manual written by and published by . This book was released on 1998 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Asset Forfeiture Policy Manual written by and published by . This book was released on 1996 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Proceeds of Crime by : Trevor Millington
Download or read book The Proceeds of Crime written by Trevor Millington and published by Oxford University Press, USA. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive and practical step-by-step manual on the law relating to restraint, receivership, confiscation, and money laundering. The book includes detailed coverage of the Criminal Justice Act 1988, the Drug Trafficking Act 1994, and the Proceeds of Crime Act 2002 which extendsthe law surrounding asset forfeiture to cover all criminal activity. It also contains commentary and guidance on all the processes involved with particular emphasis on court procedures, precedents, and legislative extracts. An essential reference for both defending and prosecuting criminal lawyers,it will also be important to banking, insolvency, and family lawyers.
Download or read book Stolen Asset Recovery written by and published by World Bank Publications. This book was released on 2009 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.
Book Synopsis Blackstone's Guide to the Proceeds of Crime Act 2002 by : Edward Rees
Download or read book Blackstone's Guide to the Proceeds of Crime Act 2002 written by Edward Rees and published by Blackstone Press. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after 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. Theyoffer 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 third edition provides a clear and accessible exploration of POCA, which has been completely updated to include all recent developments notably; the Serious Organised Crime and Police Act 2005 (SOCPA), the Criminal Procedure Rules 2005 and the Fraud Act 2006. It includes the full updated text ofPOCA 2002, plus other essential materials. Included are the Crown Court Rules governing procedures, forms and timetables, and Codes of Practice dealing with search, seizure warrants and production and disclosure orders.
Download or read book Asset Forfeiture written by Dee Edgeworth and published by American Bar Association. This book was released on 2004 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the key strategies in taking the financial incentive out of criminal activity are freezing, seizing, and confication of assets--better known as asset forfeiture. This book is a how--to, practical guide to the common legal and practical issues faced by the asset forfeiture litigator.
