Confiscation, civil recovery and asset forfeiture

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Practice notes
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
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Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan
Practice notes
Offence of conspiracy to defraudConspiracy to defraud is a common law offence which was expressly preserved by section 5(2) of the Criminal Law Act...
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9th Nov
Practice notes
Pre-sentence reportsA pre-sentence report (PSR) is a report usually prepared by the National Probation Service (NPS) with a view to assisting the...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...
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Produced in partnership with 25 Bedford Row 12th Jan
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 12th Jan
Practice notes
What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...
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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
Bench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear at court to answer bail, the court may issue a warrant for...
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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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Produced in partnership with Leon Kazakos QC of 2 Hare Court 12th Jan
Practice notes
The right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’ court, youth court or Crown...
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9th Nov
Practice notes
Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...
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9th Nov
Practice notes
Offences relating to untrue declarations etcA person commits an offence under the section 167 of the Customs and Excise Management Act 1979 (CEMA...
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9th Nov
Practice notes
This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...
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Produced in partnership with Doughty Street Chambers 12th Jan
Practice notes
In summarising the law of contempt of court, the Court of Appeal has stated:‘The law of contempt exists to protect the course of proceedings from...
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Produced in partnership with Richard Wayman of Pump Court Chambers 12th Jan
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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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan

Most recent Confiscation, civil recovery and asset forfeiture content

Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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14th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Nicholas Chapman and Michael Newbold of 9-12 Bell Yard 12th Apr
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 9th Apr
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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9th Apr
Practice notes
Chapter 3A to the Proceeds of Crime Act 2002 (POCA 2002) (added by section 15 of the Criminal Finances Act 2017 (CFA 2017)), provides for the seizure,...
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Produced in partnership with David McNeill of 5 St Andrew's Hill 9th Apr
Practice notes
This Practice Note explains the process for obtaining the forfeiture of cash under the sections 297A, 297B, 297C, 297D, 297E, 297F and 297G of the...
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...
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9th Apr
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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9th Apr
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 9th Apr
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 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with Quinton Newcomb of Fulcrum Chambers 9th Apr
Practice notes
Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...
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9th Apr
Practice notes
A defendant, prosecutor, or an appointed receiver can apply to the Crown Court to reduce the amount of a confiscation order, if the available amount...
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9th Apr
Practice notes
Status of a confiscation orderTechnically, a confiscation order is an order to pay a sum of money to the state; representing the benefit from the...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 9th Apr
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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9th Apr
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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9th Apr
Practice notes
Matrimonial home and the calculation of the available amountAlthough any restriction of the European Convention on Human Rights must be necessary and...
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9th Apr
Practice notes
The corporate veilA properly formed registered company is a separate legal entity from its shareholders and has separate rights and liabilities as a...
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9th Apr
Practice notes
The government has published a series Codes of Practice which provide guidance to investigators on the use of investigatory powers under the Proceeds...
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9th Apr

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