5 St Andrew's Hill

This Practice Note provides guidance to practitioners representing prosecutors, spouses and defendants in contested proceeds of crime matters involving competing claims under the Matrimonial Causes Act 1973 (ie claims in respect of matrimonial assets where there has been a breakdown of a marriage). It explains why contested matrimonial proceedings create an issue for those working on proceeds of crime matters, the interplay between the criminal and family courts in such cases, how the parties can or should litigate these matters in either the criminal or family courts including which claim takes precedence, steps to bringing or intervening in proceedings and other practical points to consider.

This Practice Note explains the provisions under Chapter 3B of the Proceeds of Crime Act 2002 (POCA 2002) inserted by section 16 of the Criminal Finances Act 2017 (CFA 2017), governing the seizure and forfeiture of monies held in bank account in summary proceedings. It covers what account freezing orders (AFOs) are, how they are obtained, applications to vary or set aside AFOs and their relationship with account forfeiture orders. It also covers appeals against decisions regarding forfeiture and the compensation which may be obtained in respect of cash in bank accounts made subject to an AFO which is then released from it. It considers recent case law concerning the exercise of this regime.

This Checklist summarises the time limits which apply to the disclosure of evidence in the criminal courts in England and Wales. It explains the time limits which apply to the service of the initial details of the prosecution case (IDPC) including if any disclosure management document (DMD) is served, the prosecution’s initial duty of disclosure under section 3 of the Criminal Procedure and Investigations Act 1996 (CPIA 1996), the service of defence statement, defence witness requirements and to the service of evidence in compliance with the prosecution’s continuing duty to disclose under CPIA 1996, s 7A.