Mohamed Naleemudeen

This Practice Note explains the rules and procedural requirements for appealing confiscation orders, appeals in respect of determinations under Proceeds of Crime Act 2002 (POCA 2002), including third party rights to appeal a finding as to the extent of the defendant’s interest in any property, appeals against findings of benefit, appeals against assessments of realisable assets or the available amount under POCA 2002, and appeals against compliance orders, property detention orders and the sale of property orders under POCA 2002, Pt 2. It explains the legislative provisions underpinning these orders and the procedural requirements contained in the Criminal Procedure Rules (CrimPR).

This Practice Note covers the forms of assistance available following a request for mutual legal assistance (MLA) under the Crime (International Co-operation) Act 2003 (C(IC)A 2003) and the Home Office Mutual Legal Assistance Guidelines (MLA guidelines). It deals with other forms of assistance other than requests for evidence including service of process and procedural documents, banking information, customer information orders and account monitoring orders, evidence via videolink and telephone, freezing orders, domestic freezing orders and restraint and confiscation. It also explains the service of process and procedural documents in mutual legal assistance.

This Practice Note covers the regime for mutual legal assistance in restraint and confiscation proceedings under Part 11 of the Proceeds of Crime Act 2002 (POCA 2002) and Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, SI 2005/3181 and links to the Mutual Legal Assistance Guidelines (MLA Guidelines). It deals with requests for assistance from overseas in restraint proceedings (overseas restraint orders), requests or assistance from overseas for confiscation orders and, UK requests for overseas assistance in restraint and confiscation proceedings.