The following Corporate Crime practice note produced in partnership with David McNeill of 5 St Andrew's Hill provides comprehensive and up to date legal information covering:
Chapter 3A to the Proceeds of Crime Act 2002 (POCA 2002) (added by section 15 of the Criminal Finances Act 2017 (CFA 2017)), provides for the seizure, detention and forfeiture of certain valuable items of personal property in summary proceedings (also known as the detention and forfeiture of listed assets). For the purposes of this Practice Note, this will be described as the recovery of listed assets regime.
When it came into force on 16 April 2018, the recovery of listed assets regime marked a significant extension to existing seizure and forfeiture powers under POCA 2002.
POCA 2002, Pt 5 provides the framework for different types of civil recovery into which the recovery of listed assets regime slots. It includes:
POCA 2002, ss 243–288 (Part 5, Chapter 2), which concerns civil recovery of money by the High Court and contains further powers to freeze and detain property which may overlap with the listed assets regime. For detailed information on civil recovery powers, consult subtopic: Recovery in civil proceedings—overview
POCA 2002, ss 289–303A (Part 5, Chapter 3) contains the cash seizure and forfeiture regime which sits alongside POCA 2002, ss 303B–303Z (Chapter 3A) listed assets regime. Several of the provisions under the
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