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 explains the regime for mutual legal assistance (MLA) for evidence under the Crime (International Co-operation) Act 2003 (C(IC)A 2003), Proceeds of Crime Act 2002 (POCA 2002) and the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR). It deals with the request for assistance from the UK to overseas authorities, issuing a letter of request, using the evidence obtained and its admissibility together with requesting assistance from overseas authorities by UK authorities. It also covers cases where the courts have considered applications for disclosure of the Letters of Request (LOR) themselves.
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 explains the offence of disclosing private sexual photographs and films (images) without permission contrary to section 33 of the Criminal Justice and Courts Act 2015. Commonly referred to as ‘revenge porn’, this offence was created to address the circulation of private sexually explicit photographs and videos, typically of former partners. This Practice Note explains the elements of the offence, the meaning of key definitions, available defences and the sentencing of revenge porn offences with reference to the Sentencing Council’s offence specific guidelines on which apply to the offence of disclosing private sexual images, photographs and films without permission. It also looks at the other offences which may also apply to revenge porn.
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