Confiscation

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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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16th Oct
Practice notes
Procedure for either-way offences not sent forthwith to the Crown Court for trial: plea before venue and allocationWhere the court decides that a case...
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6th Oct
Practice notes
What is an absolute discharge?An absolute discharge is the most lenient sentence available to the court and is imposed where the court is satisfied...
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5th Oct
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In particular, the...
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2nd Oct
Practice notes
The offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An assault is committed when...
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26th Sep
Practice notes
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid,...
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26th Sep
Practice notes
Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for...
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26th Sep
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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26th Sep
Practice notes
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation...
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26th Sep
Practice notes
The offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False...
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26th Sep
Practice notes
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an...
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26th Sep
Practice notes
Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden...
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25th Sep
Practice notes
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made,...
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25th Sep
Practice notes
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’)...
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25th Sep
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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25th Sep
Practice notes
When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a...
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25th Sep

Most recent Confiscation content

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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25th Sep
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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25th Sep
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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26th Sep
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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26th Sep
Practice notes
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...
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26th Sep
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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26th Sep
Practice notes
In the aftermath of the decision of the Supreme Court in R v Waya, section 6(5) of the Proceeds of Crime Act 2002 (POCA 2002) was amended so as to add...
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26th Sep
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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26th Sep
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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26th Sep
Practice notes
Tainted giftsA tainted gift is a category of asset that is added to the value of the property calculated to be held by the defendant for the purposes...
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26th Sep
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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26th Sep
Q&As
Where there are no ancillary relief proceedings, the defendant’s matrimonial home or his share of it will be included in the available amount. The...
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28th Sep
Q&As
Restraint and confiscationSecured third party interests in property held by a defendant in restraint and receivership proceedings benefit from limits...
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28th Sep
Q&As
A confiscation order deprives a defendant of the benefit he/she gained from their criminal conduct. A confiscation order does not itself confiscate...
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28th Sep
Q&As
In order for the Crown Court to consider making a confiscation order, the statutory conditions under section 6 of the Proceeds of Crime Act 2002 (POCA...
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28th Sep
Q&As
Who is an accredited financial investigator?An accredited financial investigator (AFI) for the purposes of Proceeds of Crime Act 2002 (POCA 2002) is a...
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Produced in partnership with Chris Snell of No5 Chambers 28th Sep
Q&As
Disagreement and divergent approaches to this question persist since the Coronavirus Act 2020 amended the Crime and Disorder Act 1998 (CDA 1998). The...
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Produced in partnership with John Oliver of 5 St Andrew’s Hill 28th Sep
Q&As
The Criminal Finances Act 2017 (Commencement No 4) Regulations 2018 (SI 2018/78) brings into force the provisions giving rise to the power to seize...
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29th Sep
Practice notes
Account monitoring ordersAn account monitoring order allows an investigator to monitor the activity of a particular account held at a financial...
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2nd Oct

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