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
Piercing the corporate veil in confiscation casesThe corporate veilA properly formed registered company is a separate legal entity from its...
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11th Aug
Practice notes
Mutual legal assistance—civil recoveryAssistance to overseas authorities in civil recovery proceedingsPart 5 of the Proceeds of Crime Act 2002 (POCA...
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Produced in partnership with Nicholas Chapman of Temple Garden Chambers 11th Aug
Practice notes
Civil recovery orders in SFO casesA civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High...
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11th Aug
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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11th Aug
Practice notes
Unexplained Wealth Orders—UWOsThe unexplained wealth order (UWO)The Criminal Finances Act 2017 (CFA 2017) created new investigatory powers in the form...
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Produced in partnership with Leon Kazakos QC of 2 Hare Court 11th Aug
Practice notes
Default term in confiscationWhere a confiscation order is made against a defendant with realisable assets, the obligation is on them to realise their...
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11th Aug
Practice notes
POCA 2002—external investigations, requests and orders—introductionMutual legal assistance (MLA) is the means by which states provide investigative...
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11th Aug
Practice notes
Codes of Practice under the Proceeds of Crime Act 2002The government has published a series Codes of Practice (Codes) which provide guidance to...
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11th 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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11th 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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11th Aug
Q&As
When do the provisions of the Criminal Finances Act 2017 come into force?The Criminal Finances Bill received Royal Assent on 27 April 2017 and became...
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11th Aug
Q&As
How can administrative cash forfeiture notices under section 297A of the Proceeds of Crime Act 2002 be challenged?Section 297E of the Proceeds of...
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11th 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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11th 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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11th Aug
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 11th 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 11th Aug
Q&As
Is a bankers draft considered to be ‘cash’ in relation to a cash seizure and what can a client do to have it returned when he is the owner of the...
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11th Aug
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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11th Aug
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

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