Confiscation, civil recovery and asset forfeiture

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Practice notes
Possession with intent to supplyPossession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his...
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Produced in partnership with Red Lion Chambers 19th May
Practice notes
Absolute and conditional dischargeThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes
AutomatismDefinition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or...
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19th May
Practice notes
What happens when a client receives a custodial sentence?This Practice Note reflects the procedural code for sentencing offenders in England and Wales...
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Produced in partnership with Flora Page of 23 Essex Street 19th May
Practice notes
Community order requirementsThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes
Threats to killThe offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown...
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19th May
Practice notes
Privilege against self-incriminationBackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 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
Applying for the return of seized cashApplication by the person from whom the cash was seizedWhen cash has been seized, an application can be made by...
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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
Fraud by failure to disclose and abuse of positionFraud by failure to disclose information while under a legal duty to do so An offence of fraud by...
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19th May
Practice notes
Controlling or coercive behaviour offencesWhat is domestic abuse?There is no statutory offence of domestic violence or domestic abuse, however, it...
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19th May
Practice notes
NMC disciplinary processNursing and Midwifery CouncilThe Nursing and Midwifery Council (NMC) is the regulatory body for all nurses and midwives...
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Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row 19th May
Practice notes
Witness intimidationIntimidation of witnesses and jurorsIntimidation of witnesses and/or jurors is an offence under section 51 of the Criminal Justice...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 19th May
Practice notes
Extreme pornographyPossessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and...
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19th May

Most recent Confiscation, civil recovery and asset forfeiture content

Practice notes
Applying for the return of seized cashApplication by the person from whom the cash was seizedWhen cash has been seized, an application can be made by...
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23rd Aug
Practice notes
POCA Investigation Orders—criminal investigations procedureInvestigatory orders available under POCA 2002, Pt 8The orders available under the Part 8...
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23rd Aug
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 Newcomb of FOUR Law &. Investigations Ltd 23rd Aug
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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23rd Aug
Practice notes
Recovery of listed assets under the Proceeds of Crime Act 2002Chapter 3A to the Proceeds of Crime Act 2002 (POCA 2002) (added by section 15 of the...
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Produced in partnership with David McNeill of 5 St Andrew's Hill 23rd Aug
Practice notes
Forfeiture of cash without court orderThis Practice Note explains the process for obtaining the forfeiture of cash under the sections 297A, 297B,...
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23rd Aug
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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22nd Aug
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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22nd Aug
Practice notes
Customer information orders under the Proceeds of Crime Act 2002Customer information ordersA customer information order requires a financial...
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22nd Aug
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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22nd Aug
Practice notes
Postponement of confiscation proceedingsPostponement and sentenceThe court should usually make the confiscation order before the defendant is...
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22nd Aug
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 22nd Aug
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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22nd Aug
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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22nd Aug
Practice notes
Appointment of receivers in restraint proceedingsAppointment of receivers in restraint proceedingsFor information on restraint orders, the applicable...
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Produced in partnership with Aziz Rahman of Rahman Ravelli 22nd 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 Newcomb of FOUR Law &. Investigations Ltd 18th Aug
Practice notes
Civil recovery under POCA 2002—procedureProcedural RulesThis Practice Note covers the process and procedure for making and resisting applications for...
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11th Aug
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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11th Aug
Practice notes
Breach of restraint order and perverting the course of justiceBreach of restraint orderA breach of a restraint order under section 41 of the Proceeds...
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Produced in partnership with Azizur Rahman of Rahman Ravelli 11th Aug
Practice notes
Tainted gifts in confiscation proceedingsTainted giftsA tainted gift is a category of asset that is added to the value of the property calculated to...
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11th Aug

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