Confiscation Law Handbook

Zusatztext Apart from collating! describing and analysing the relevant material! the book is peppered with practical tips which will be helpful to practitioners coming to grips with this area...This book is designed to appeal to its target audience! the busy practitioner who would value information in one easy-to-use source. Thus! having the legislation! the relevant cases and the prosecution's guidelines along with commentary and practical tips hits the spot in this regard Informationen zum Autor Adrian Eissa KC is a leading specialist in confiscation work. Klappentext Confiscation Law Handbook covers all the basic aspects of confiscation law, including civil remedies, and is written for practitioners dealing with confiscation law for the first time, experienced criminal practitioners attempting to keep up with the plethora of case law as well as for experienced confiscation practitioners as an aide memoire in court. Vorwort Confiscation Law Handbook covers all the basic aspects of confiscation law, including civil remedies, and is written for practitioners dealing with confiscation law for the first time, experienced criminal practitioners attempting to keep up with the plethora of case law as well as for experienced confiscation practitioners as an aide memoire in court. Zusammenfassung 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 calculationof benefit and the need to achieve proportionality and compliance with the HumanRights 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 apportionmentand double recovery.- Court of Appeal case of Shakeel Ahmed (2012) the CA largest ever confiscation orderoverturned. Civil recovery - Perry v Serious Organised Crime Agency (2012) implications to extra territorialjurisdiction of the Part V powers. Inhaltsverzeichnis 1. A brief history of confiscation law 2. Basic principles confiscation law 3. Restraint 4. Practice and procedure 5. Cash seizures 6. Enforcement, reconsideration of orders and appeals and the dead, absconded and insolvent 7. Case law 8. Civil recovery 9. Third party interests Appendices - Proceeds of Crime Act 2002- Criminal Procedure Rules 2010- Magistrates' Court (Detention and Forfeiture of Cash) Rules 2002- AG guidance to prosecuting bodies on their asset recovery powers and POCA 2002- Guidance for Prosecutors on the Discretion to Instigate Confiscation Proceedings...

Apart from collating, describing and analysing the relevant material, the book is peppered with practical tips which will be helpful to practitioners coming to grips with this area...This book is designed to appeal to its target audience, the busy practitioner who would value information in one easy-to-use source. Thus, having the legislation, the relevant cases and the prosecution's guidelines along with commentary and practical tips hits the spot in this regard

Préface
Confiscation Law Handbook covers all the basic aspects of confiscation law, including civil remedies, and is written for practitioners dealing with confiscation law for the first time, experienced criminal practitioners attempting to keep up with the plethora of case law as well as for experienced confiscation practitioners as an aide memoire in court.

Auteur
Adrian Eissa KC is a leading specialist in confiscation work.

Résumé
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.

Contenu

1. A brief history of confiscation law 2. Basic principles confiscation law 3. Restraint 4. Practice and procedure 5. Cash seizures 6. Enforcement, reconsideration of orders and appeals and the dead, absconded and insolvent 7. Case law 8. Civil recovery 9. Third party interests Appendices - Proceeds of Crime Act 2002 - Criminal Procedure Rules 2010 - Magistrates' Court (Detention and Forfeiture of Cash) Rules 2002 - AG guidance to prosecuting bodies on their asset recovery powers and POCA 2002 - Guidance for Prosecutors on the Discretion to Instigate Confiscation Proceedings