Forfeiture of cash, personal property and money in bank accounts

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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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9th Nov
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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9th Nov
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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9th Nov
Practice notes
The rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the Indictments Act...
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9th Nov
Practice notes
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
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Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan
Practice notes
The offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in either the magistrates' court or the...
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9th Nov
Practice notes
There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person...
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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
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
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
Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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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
Intimate Samples from a detained suspectAn intimate sample is:•a sample of blood, semen or any other tissue fluid, urine or pubic hair•a dental...
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9th Nov
Practice notes
Affray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The...
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9th Nov

Most recent Forfeiture of cash, personal property and money in bank accounts content

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
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
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...
Read More >
9th Apr
Practice notes
Application by the person from whom the cash was seizedWhen cash has been seized, an application can be made by an officer (ie an immigration officer,...
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9th Apr
Practice notes
Seized cash can be forfeited in two ways under Proceeds of Crime Act 2002 (POCA 2002):•court-ordered forfeiture under POCA 2002, s 298 (forfeiture by...
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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 Gary Pons of 5 St Andrew's Hill 9th Apr
Q&As
For the purposes of this Q&A, it is assumed that reference is being made to appeals (under section 299 of the Proceeds of Crime Act 2002 (POCA 2002))...
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13th Feb
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 13th Feb
Q&As
Section 297E of the Proceeds of Crime Act 2002 (POCA 2002) deals with the application to set aside an administrative cash forfeiture. A person...
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6th Dec
Q&As
Cash is defined in chapter 3 part 5 of the Proceeds of Crime Act 2002 (POCA 2002) (recovery of cash in summary proceedings) 2002 section 289(6). The...
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6th Dec
Q&As
The Criminal Finances Bill received Royal Assent on 27 April 2017 and became the Criminal Finances Act 2017 (CFA 2017). Under CFA 2017, s 58 secondary...
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6th Dec

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