Confiscation, civil recovery and asset forfeiture

Confiscation, civil recovery and asset forfeiture guidance:

Account monitoring orders An account monitoring order allows an investigator to monitor the activity of a particular account held at a financial institution for up to 90...

Practice Note

A confiscation order constitutes a sentence for the purposes of appeal. Accordingly, the defendant may appeal against the making or the amount of the order itself (see...

Practice Note

Application by the person from whom the cash was seized When cash has been seized, an application can be made by an officer (ie an immigration officer, HMRC officer,...

Practice Note

Appointment of receivers in restraint proceedings For information on restraint orders, the applicable regime and restraint proceedings, see Practice Note: Restraint...

Practice Note

Breach of restraint order A breach of a restraint order may constitute a civil contempt and be treated as such as in OB v Director of the Serious Fraud Office but this...

Practice Note

Changes under CFA 2017 The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the Proceeds of Crime Act...

Practice Note

Changes under CFA 2017 The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the Proceeds of Crime Act...

Practice Note

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, and is governed by...

Practice Note

Civil recovery of property, which represents criminal property derived from unlawful conduct Civil recovery is the name given to the powers under Part 5 of the Proceeds...

Practice Note

Procedural Rules This Practice Note covers the process and procedure for making and resisting applications for a civil recovery order (CRO), a property freezing order...

Practice Note

Civil recovery—enforcement abroad prior to the Crime and Courts Act 2013 Before the commencement of the Crime and Courts Act 2013, Schedule 18, Part 2 (CCA 2013) on the...

Practice Note

The government has published a series Codes of Practice which provide guidance to investigators on the use of investigatory powers under the Proceeds of Crime Act 2002...

Practice Note

Power to make a compliance order Since 1 June 2015, a court imposing a confiscation order has additional means by which it can seek to enforce that order. Upon making a...

Practice Note

Matrimonial home and the calculation of the available amount Although any restriction of the European Convention on Human Rights must be necessary and proportionate,...

Practice Note

In the Crown Court, on application of the prosecutor (or on its own motion if the court thinks it appropriate), the court must consider making a confiscation order...

Practice Note

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 Crown Court to reduce...

Practice Note

The law relating to confiscation prior to the Proceeds of Crime Act 2002 (POCA 2002) A confiscation order is made after conviction to deprive the defendant of the benefit...

Practice Note

Upon receipt of an application from the prosecution for a confiscation order, or on the court's own decision to make such an order, following the conviction of a...

Practice Note

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 2002, s 6(1) and (2)...

Practice Note

This Practice Note considers the purposes of and procedure applicable to confiscation under the Proceeds of Crime Act 2002 (POCA 2002), which replaced the previous...

Practice Note

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 highlighted key...

Practice Note

Customer information orders A customer information order requires a financial institution to, on being required to do so by notice in writing given by an appropriate...

Practice Note

Time to pay a confiscation order Section 35 of the Proceeds of Crime Act (POCA 2002) enables the Crown Court to set a default sentence or term in default against a...

Practice Note

If the court decides the defendant has benefited from general or particular criminal conduct, it must then determine the 'recoverable amount'. The starting point is that...

Practice Note

What is a disclosure order? A disclosure order is a request for financial information with which the recipient is obliged to comply. Section 357 of the Proceeds of Crime...

Practice Note

Status of a confiscation order A confiscation order is an order to pay a sum of money and is only satisfied once that sum is paid. The confiscation order will be...

Practice Note
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