Confiscation, civil recovery and asset forfeiture

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Practice notes
Common law offence of kidnappingThe offence of kidnappingKidnapping is a common law offence and is triable only on indictment. It may be classified in...
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19th May
Practice notes
Intentional harassment, alarm or distressThis Practice Note explains the offence of causing intentional harassment, alarm or distress contrary to...
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19th May
Practice notes
Sexual risk ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code,...
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Produced in partnership with Monica Stevenson of 25 Bedford Row 19th May
Practice notes
Cash seizure and detentionChanges under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various...
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19th May
Practice notes
Statutory contempt of courtThe Contempt of Court Act 1981The Contempt of Court Act 1981 (CCA 1981) provides for strict liability contempt or indirect...
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Produced in partnership with Richard Wayman of Pump Court Chambers 19th May
Practice notes
Defence disclosure in criminal proceedings—defence statements and defence witness noticesThe Criminal Procedure and Investigations Act 1996 (CPIA...
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Produced in partnership with Hannah Thomas of 2 Hare Court and David McNeill of 5 St Andrew's Hill 19th May
Practice notes
Indecent images of childrenThe criminal offencesThe Protection of Children Act 1978 (PCA 1978), the Criminal Justice Act 1988 (CJA 1988) and the...
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19th May
Practice notes
False accounting and false statements under TA 1968False accountingA person who falsifies or conceals information required for an accounting purpose,...
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19th May
Practice notes
Possession of controlled drugsElements of the offence of possession of controlled drugsIt is an offence for a person to have a controlled drug in...
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19th May
Practice notes
Food hygiene remedial action and detention noticesWhat is a remedial action notice?A remedial action notice is used by enforcement authorities such as...
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Produced in partnership with Richard Heller and Hannah Edwards of Drystone Chambers 19th May
Practice notes
Discretionary life sentencesThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes
Indications on sentenceJudicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and...
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19th May
Practice notes
Anti-social behaviour—environmental breachesThis Practice Note explains the powers available to deal with anti-social behaviour in an environmental...
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Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building 19th May
Practice notes
Abuse of process in criminal proceedingsThe procedure for making an application to stay proceedings due to abuse of process is governed by rule 3.28...
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19th May
Practice notes
Improvement and Prohibition Notices under the Health and Safety at Work etc Act 1974Enforcement of Part I of the Health and Safety at Work etc Act...
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Produced in partnership with James Purnell, Abigail Cohen and Lia Moses of Henderson Chambers 19th May
Practice notes
Disclosure orders under the Proceeds of Crime Act 2002What is a disclosure order?A disclosure order is, in general terms, an order authorising a...
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19th May

Most recent Confiscation, civil recovery and asset forfeiture content

Practice notes
Confiscation under the Proceeds of Crime Act 2002This Practice Note considers the purposes of and procedure applicable to confiscation under the...
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29th Jul
Practice notes
Determining the recoverable amount (benefit and available amount) under POCA 2002If the court decides the defendant has benefited from general or...
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Produced in partnership with Quinton John Newcomb of Fulcrum Chambers 29th Jul
Practice notes
Appeals in confiscation proceedings under the Proceeds of Crime Act 2002A confiscation order constitutes a sentence for the purposes of appeal....
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Produced in partnership with BCL Burton Copeland 29th Jul
Practice notes
Accredited financial investigators and their powers under POCA 2002Who is an accredited financial investigator?An accredited financial investigator...
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27th Jul
Practice notes
Restraint ordersWhat is a restraint order?A restraint order is a preventive measure imposed in support of any confiscation order that may be or has...
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Produced in partnership with Nicholas Yeo and Ciju Puthuppally of Three Raymond Buildings 22nd Jul
Practice notes
Civil recovery orders in SFO casesA civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High...
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20th Jul
Practice notes
Search and seizure warrants under section 352 of POCA 2002Obtaining a warrant under POCA 2002, s 352A search and seizure warrant authorises an...
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16th Jul
Practice notes
Codes of Practice under the Proceeds of Crime Act 2002The government has published a series Codes of Practice (Codes) which provide guidance to...
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16th Jul
Practice notes
Account monitoring orders under the Proceeds of Crime Act 2002Account monitoring ordersAn account monitoring order allows an investigator to monitor...
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16th Jul
Practice notes
Production orders under the Proceeds of Crime Act 2002Production ordersThe purpose of a production order is to obtain material relating to a known...
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16th Jul
Practice notes
Customer information orders under the Proceeds of Crime Act 2002Customer information ordersA customer information order requires a financial...
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15th Jul
Practice notes
Cash searches under the Proceeds of Crime Act 2002Introduction to cash seizure powers under POCA 2002Part 5, Chapter 3 of the Proceeds of Crime Act...
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15th Jul
Q&As
Is a bankers draft considered to be ‘cash’ in relation to a cash seizure and what can a client do to have it returned when he is the owner of the...
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13th Jul
Q&As
How can administrative cash forfeiture notices under section 297A of the Proceeds of Crime Act 2002 be challenged?Section 297E of the Proceeds of...
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13th Jul
Q&As
Who is an accredited financial investigator and what powers can they exercise under the Proceeds of Crime Act 2002 (POCA 2002)?Who is an accredited...
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Produced in partnership with Christopher Snell of New Square Chambers 13th Jul
Q&As
Is there a specific form of appeal or notice of appeal when appealing against forfeiture orders?For the purposes of this Q&A, it is assumed that...
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13th Jul
Practice notes
POCA 2002—external investigations under s 445Sections 444 and 445 of the Proceeds of Crime Act 2002 (POCA 2002), provide the power to implement...
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Produced in partnership with Quinton John Newcomb of Fulcrum Chambers 13th Jul
Practice notes
Variation or discharge of a restraint orderApplication to discharge a restraint orderAny person affected by a restraint order, as well as the person...
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Produced in partnership with Azizur Rahman of Rahman Ravelli 13th Jul
Practice notes
Cash seizure and detentionCash seizure and detention under POCA 2002Chapter 3 of POCA 2002, Pt 5 provides for the recovery of cash in summary...
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12th Jul
Practice notes
Seizure and forfeiture of monies held in bank accounts under the Proceeds of Crime Act 2002Background—the creation of the powersThe Chapter 3B of the...
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Produced in partnership with Gary Pons of 5 St Andrew's Hill 9th Jul

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