Confiscation, civil recovery and asset forfeiture

View Corporate Crime by content type:

Featured Corporate Crime content

Practice notes
The Data Protection Act 2018 (DPA 2018) received Royal Assent on 23 May 2018. The DPA 2018 puts the UK in a position to continue to share personal...
Read More >
Produced in partnership with Professor Dan Hyde of Harrison Clark Rickerbys 23rd Oct
Practice notes
This Practice Note provides a summary of the prosecutions for health and safety offences brought by the Health and Safety Executive (HSE), the Office...
Read More >
20th Oct
Practice notes
This Practice Note discusses the two ‘failure to prevent’ corporate criminal offences created by the Criminal Finances Act 2017 (CFA 2017):•CFA 2017,...
Read More >
Produced in partnership with Rhys Meggy of QEB Hollis Whiteman 20th Oct
Practice notes
The Contempt of Court Act 1981The Contempt of Court Act 1981 (CCA 1981) provides for strict liability contempt or indirect contempt of the kind...
Read More >
Produced in partnership with Richard Wayman of Pump Court Chambers 20th Oct
Practice notes
The aim of this Practice Note is to provide some guidance on the principles of legal professional privilege (LPP) as they apply in criminal...
Read More >
Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley 19th Oct
Practice notes
Breach of PACE Codes of PracticeThe arrangement and conduct of identification procedures are governed by the Police and Criminal Evidence Act 1984...
Read More >
Produced in partnership with Hannah Thomas of 2 Hare Court 16th Oct
Practice notes
FORTHCOMING CHANGE: The Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018), which received Royal Assent on 23 May 2018, provides a power for...
Read More >
Produced in partnership with Michael Potts of Byrne and Partners LLP 9th Oct
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
Read More >
6th Oct
Practice notes
In summarising the law of contempt of court, the Court of Appeal has stated:‘The law of contempt exists to protect the course of proceedings from...
Read More >
Produced in partnership with Richard Wayman of Pump Court Chambers 2nd Oct
Practice notes
The aim of this Practice Note is to provide some guidance about how best to ensure that legal professional privilege (LPP) is maintained for the...
Read More >
26th Sep
Practice notes
The offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An assault is committed when...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular,...
Read More >
26th Sep
Practice notes
The basic offences of harassment under sections 1(1) and (1A) of the Protection from Harassment Act 1997 (PHA 1997) are triable only summarily.For the...
Read More >
25th Sep
Practice notes
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court...
Read More >
25th Sep
Practice notes
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those...
Read More >
25th Sep
Practice notes
The specific offence of corporate manslaughter was created by the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007). The CMCHA 2007...
Read More >
25th Sep

Most recent Confiscation, civil recovery and asset forfeiture content

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...
Read More >
Produced in partnership with Quinton Newcomb of Fulcrum Chambers 2nd Oct
Practice notes
What is a disclosure order?A disclosure order is, in general terms, an order authorising a request for information with which the recipient is obliged...
Read More >
2nd Oct
Practice notes
What is a restraint order?A restraint order is a preventive measure imposed in support of any confiscation order that may be or has been made. It is...
Read More >
Produced in partnership with Nicholas Yeo and Ciju Puthuppally of Three Raymond Buildings 2nd Oct
Practice notes
If the court decides the defendant has benefited from general or particular criminal conduct, it must then determine the 'recoverable amount'. The...
Read More >
Produced in partnership with Quinton Newcomb of Fulcrum Chambers 2nd Oct
Practice notes
Appointment of receivers in restraint proceedingsFor information on restraint orders, the applicable regime and restraint proceedings, see Practice...
Read More >
2nd Oct
Practice notes
Sections 444 and 445 of the Proceeds of Crime Act 2002 (POCA 2002), provide the power to implement secondary legislation for the purposes of giving...
Read More >
Produced in partnership with Quinton Newcomb of Fulcrum Chambers 2nd Oct
Practice notes
Postponement and sentenceThe court should usually make the confiscation order before the defendant is sentenced but may postpone the confiscation...
Read More >
5th Oct
Practice notes
Obtaining a warrant under POCA 2002, s 352A search and seizure warrant authorises an appropriate person to enter and search the premises specified and...
Read More >
6th Oct
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...
Read More >
12th Oct
Practice notes
The Proceeds of Crime Act 2002 (POCA 2002) creates no specific sanction for non-payment of a confiscation order, instead POCA 2002, s 35 treats an...
Read More >
13th Oct
Practice notes
Application to discharge a restraint orderAny person affected by a restraint order, as well as the person who applied for it, may apply for its...
Read More >
Produced in partnership with Azizur Rahman of Rahman Ravelli 16th Oct
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...
Read More >
19th Oct
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...
Read More >
19th Oct
Practice notes
Civil recovery of property, which represents criminal property derived from unlawful conductCivil recovery is the name given to the powers under Part...
Read More >
20th Oct
Practice notes
The unexplained wealth order (UWO)The Criminal Finances Act 2017 (CFA 2017) created new investigatory powers in the form of unexplained wealth orders...
Read More >
Produced in partnership with Leon Kazakos QC of 2 Hare Court 20th Oct
Practice notes
Investigatory orders available under POCA 2002, Pt 8The orders available under the Part 8 of the Proceeds of Crime Act 2002 (POCA 2002) (investigative...
Read More >
20th Oct
Practice notes
Production ordersThe purpose of a production order is to obtain material relating to a known person or business, such as bank statements and...
Read More >
20th Oct
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Cayman Islands; Cyprus; Czech Republic; France; Greece; Hong...
Read More >
21st Oct

Popular documents