Confiscation

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Practice notes
The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...
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Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan
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 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
BackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct protection, actually arises from a number...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 12th Jan
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
What is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in both the magistrates'...
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9th Nov
Practice notes
Serious crime prevention orders (SCPOs) were created by Part 1 of the Serious Crime Act 2007 (SCA 2007) and are civil orders used against those...
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9th Nov
Practice notes
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 12th Jan
Practice notes
The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The...
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9th Nov
Practice notes
Voluntary bill of indictmentAn indictment may, exceptionally, be preferred (ie served on a Crown Court) by the direction or with the consent of a High...
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9th Nov
Practice notes
The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...
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9th Nov
Practice notes
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
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9th Nov
Practice notes
Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a...
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9th Nov
Practice notes
Section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 (PACE 1984) afford access to material that cannot be obtained by an application...
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Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers 12th Jan
Practice notes
Obtaining services dishonestlyIt is an offence for a defendant to obtain, by any dishonest act, services for which payment is required, with intent to...
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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

Most recent Confiscation content

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
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
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 Quinton Newcomb of Fulcrum Chambers 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
Practice notes
POCA 2002 powers to create secondary legislationSections 444 and 445 of the Proceeds of Crime Act 2002 (POCA 2002), provide the power to implement...
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9th Apr
Practice notes
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...
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9th Apr
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 9th Apr
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Cayman Islands; Cyprus; Czech Republic; France; Greece; Hong...
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9th Apr
Practice notes
Process for making confiscation orders in joint enterprise casesThere is a three-staged approach to calculating a confiscation order under the...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 31st Mar
Practice notes
Where a confiscation order is made against a defendant with realisable assets, the obligation is on them to realise their assets within the time set...
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30th Mar
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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26th Mar
Practice notes
Confiscation step 2—determining benefitThe steps to determining any confiscation order are set out at section 6 of the Proceeds of Crime Act 2002...
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25th Mar
Practice notes
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...
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Produced in partnership with Kennedy Talbot QC of 33 Chancery Lane Chambers 23rd Mar

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