Confiscation, civil recovery and asset forfeiture

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Practice notes
The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...
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9th Nov
Practice notes
The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 9th Nov
Practice notes
Possession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his possession, whether lawfully or not,...
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Produced in partnership with Red Lion Chambers 9th Nov
Practice notes
Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they...
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9th Nov
Practice notes
Lawful arrest—human rightsThe right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself gives effect to the...
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9th Nov
Practice notes
This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and...
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9th Nov
Practice notes
What is a remedial action notice?A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local...
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9th Nov
Practice notes
How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential...
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9th Nov
Practice notes
A challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review or an appeal by case stated....
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9th Nov
Practice notes
Sentences for fraud by false representationA person convicted of fraud by false representation in the Crown Court on indictment faces a maximum...
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9th Nov
Practice notes
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
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9th Nov
Practice notes
Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
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9th Nov
Practice notes
Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...
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9th Nov
Practice notes
The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods,...
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9th Nov
Practice notes
The offence of misleading omissionsEngaging in a commercial practice that is a misleading omission is made an offence by the Consumer Protection from...
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9th Nov

Most recent Confiscation, civil recovery and asset forfeiture content

Practice notes
This Practice Note considers the purposes of and procedure applicable to confiscation under the Proceeds of Crime Act 2002 (POCA 2002), which replaced...
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4th Dec
Practice notes
Postponement and sentenceThe court should usually make the confiscation order before the defendant is sentenced but may postpone the confiscation...
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1st Dec
Practice notes
What is a restraint order?A restraint order is a preventive measure imposed in support of any confiscation order that may be or has been made. It is...
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Produced in partnership with Nicholas Yeo and Ciju Puthuppally of Three Raymond Buildings 26th Nov
Practice notes
ARCHIVED: This archived Practice Note is not being maintained. It tracked the passage of the Bill through Parliament to its publication as an Act, and...
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25th Nov
Practice notes
If the court decides the defendant has benefited from general or particular criminal conduct, it must then determine the 'recoverable amount'. The...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 20th Nov
Practice notes
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
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18th Nov
Practice notes
What is a disclosure order?A disclosure order is, in general terms, an order authorising a request for information with which the recipient is obliged...
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16th Nov
Practice notes
Appointment of receivers in restraint proceedingsFor information on restraint orders, the applicable regime and restraint proceedings, see Practice...
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16th Nov
Practice notes
Production ordersThe purpose of a production order is to obtain material relating to a known person or business, such as bank statements and...
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16th Nov
Practice notes
Investigatory orders available under POCA 2002, Pt 8The orders available under the Part 8 of the Proceeds of Crime Act 2002 (POCA 2002) (investigative...
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16th Nov
Practice notes
Who can apply to vary a confiscation order under the Proceeds of Crime Act 2002?A defendant, prosecutor, or an appointed receiver can apply to the...
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16th Nov
Practice notes
Tainted giftsA tainted gift is a category of asset that is added to the value of the property calculated to be held by the defendant for the purposes...
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11th Nov
Practice notes
A confiscation order constitutes a sentence for the purposes of appeal. Accordingly, the defendant may appeal against the making or the amount of the...
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Produced in partnership with BCL Burton Copeland 10th Nov
Practice notes
The steps to determining any confiscation order are set out at section 6 of the Proceeds of Crime Act 2002 (POCA 2002). Once the conditions at POCA...
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3rd Nov
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Cayman Islands; Cyprus; Czech Republic; France; Greece; Hong...
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21st Oct
Practice notes
The unexplained wealth order (UWO)The Criminal Finances Act 2017 (CFA 2017) created new investigatory powers in the form of unexplained wealth orders...
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Produced in partnership with Leon Kazakos QC of 2 Hare Court 20th Oct
Practice notes
Civil recovery of property, which represents criminal property derived from unlawful conductCivil recovery is the name given to the powers under Part...
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20th Oct
Practice notes
Application to discharge a restraint orderAny person affected by a restraint order, as well as the person who applied for it, may apply for its...
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Produced in partnership with Azizur Rahman of Rahman Ravelli 16th Oct
Practice notes
The Proceeds of Crime Act 2002 (POCA 2002) creates no specific sanction for non-payment of a confiscation order, instead POCA 2002, s 35 treats an...
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13th Oct
Practice notes
Power to make a compliance orderSince 1 June 2015, a court imposing a confiscation order has additional means by which it can seek to enforce that...
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12th Oct

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