Confiscation

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RobberyRobberyRobbery is a theft offence, involving dishonesty but elevated also by the intention to use force.Robbery can only be tried in the Crown...
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19th May
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19th May
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Pre-trial and case management hearings in the Crown CourtCoronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the...
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Produced in partnership with 25 Bedford Row 19th May
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19th May
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19th May
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Produced in partnership with Thomas Evans of 3 Paper Buildings 19th May
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19th May
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What is the time limit for bringing a prosecution for a summary only offence?We refer you to Practice Note: Commencing criminal proceedings—applying...
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19th May
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Breach of a suspended sentenceThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
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19th May
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Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building 19th May
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19th May
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Produced in partnership with Hannah Thomas of 2 Hare Court 19th May
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Disclosure of evidence in Scottish criminal proceedingsCoronavirus (COVID-19): Scottish criminal procedure has been impacted by the COVID-19 pandemic....
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Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 19th May
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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

Most recent Confiscation 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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2nd Aug
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 2nd Aug
Q&As
How are drugs found in the possession of a defendant valued for the purposes of confiscation?A confiscation order deprives a defendant of the benefit...
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1st Aug
Q&As
What happens to a charge secured against a property when the borrower becomes subject to restraint or confiscation proceedings under the Proceeds of...
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1st Aug
Q&As
Can I obtain a production order in respect of a detained property investigation or a frozen funds investigation?The Criminal Finances Act 2017...
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1st Aug
Q&As
Does the claim of an spouse under the MCA 1973 defeat a confiscation order?Where there are no ancillary relief proceedings, the defendant’s...
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1st Aug
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 31st Jul
Q&As
When can legitimate income be considered the proceeds of crime following a regulatory offence?In order for the Crown Court to consider making a...
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31st Jul
Q&As
Is it permissible for a defendant to attend (final) confiscation hearings via audio and/or video link during the coronavirus (COVID-19) pandemic court...
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Produced in partnership with John Oliver of 5 St Andrew’s Hill 31st Jul
Practice notes
Getting the Deal Through: Asset Recovery 2021Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Cayman Islands;...
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31st Jul
Practice notes
Confiscation step 1: Does the defendant have a criminal lifestyle?Upon receipt of an application from the prosecution for a confiscation order, or on...
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30th Jul
Practice notes
Enforcement of confiscation ordersStatus of a confiscation orderTechnically, a confiscation order is an order to pay a sum of money to the state;...
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Produced in partnership with Quinton John Newcomb of Fulcrum Chambers 30th Jul
Practice notes
Confiscation pre Proceeds of Crime Act 2002The law relating to confiscation prior to the Proceeds of Crime Act 2002 (POCA 2002)A confiscation order is...
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30th Jul
Practice notes
Reconsideration of the available amount and revised confiscation orders under section 22 of POCA 2002A defendant, prosecutor, or an appointed receiver...
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30th Jul
Practice notes
Confiscation orders—to vary or appealWho can apply to vary a confiscation order under the Proceeds of Crime Act 2002?A defendant, prosecutor, or an...
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30th 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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30th Jul
Practice notes
Confiscation and the family homeMatrimonial home and the calculation of the available amountAlthough any restriction of the European Convention on...
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30th Jul
Practice notes
Obtaining through joint enterprise in confiscation proceedingsProcess for making confiscation orders in joint enterprise casesThere is a three-staged...
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Produced in partnership with Quinton John Newcomb of Fulcrum Chambers 30th Jul
Practice notes
Compliance orders made in conjunction with confiscation ordersPower to make a compliance orderSince 1 June 2015, a court imposing a confiscation order...
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30th Jul

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