Blackstone's Guide to the Proceeds of Crime Act 2002 - Couverture souple

Rees QC, Edward

Couverture souple

ISBN 10 : 0199254540 ISBN 13 : 9780199254545

Editeur : Oxford University Press Inc, 2003

Synopsis

The Proceeds of Crime Act 2002 is perhaps the most significant development in the criminal law since incorporation of the European Convention on Human Rights in 1998 and has far-reaching consequences in criminal procedure. It is designed to create a culture in which the confiscation of criminal assets is seen as an essential step in the investigation of crime, the processing of convicted defendants and the removal of assets from others identified as having benefited from criminal conduct. The new legislation contains a number of radical changes: The Act establishes a powerful Assets Recovery Agency with extensive investigative powers. The Agency will be able to pursue criminal assets through confiscation of the assets of convicted criminals or recovery of assets representing the proceeds of crime through civil actions. Importantly, civil recovery will permit the recovery of criminal assets where no conviction has been achieved. In addition, persons suspected of having benefited from crime will be liable to have their assets taxed by the Revenue Authorities. The Act amalgamates and strengthens existing powers available to restrain property whilst criminal proceedings are pending, and to seek an order for confiscation following conviction in both drugs cases and non-drugs offences. Existing restraint jurisdiction is transferred from the High Court to the Crown Court to create a "one-stop shop" for confiscation of crime proceeds. The Act also reforms the definition of money-laundering and replaces the existing separate drug and non-drug offences with a single consolidated set of charges.

A propos du livre

Présentation de l'éditeur

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Proceeds of Crime Act 2002 (POCA) came into force in February 2003, introducing a new anti-money laundering regime. It created the Asset Recovery Agency; introduced wide new powers in relation to the confiscation of criminal property; as well as new civil recovery and enforcement powers. The fourth edition of this popular Blackstone's Guide provides a clear and accessible exploration of POCA. The book has been completely updated to include all recent developments, notably: the Criminal Procedure Rules 2010; the Policing and Crime Act 2009; the UK Borders Act 2007; and Statutory Instruments extending the powers of financial investigators and powers of cash searches and seizure. It also includes extensive coverage of recent relevant case law, including three House of Lords decisions redefining the meaning of 'obtaining' property (May, Jennings, Green). It includes the full updated text of POCA 2002, plus other essential materials.

Biographie de l'auteur

Edward Rees QC is an experienced specialist asset recovery and fraud practitoner at Doughty Street Chambers. He is a member of the Law Commission Advisory Panel and Honorary Fellow in Criminal Process at Kent University. Richard Fisher is a barrister at Doughty Street Chambers specializing in cases involving fraud, money laundering, and asset recovery. He appears as a leading junior and advises in relation to matters where the Proceeds of Crime Act 2002 is engaged, including the seizure, detention and forfeiture of cash, the duties imposed on those in the regulated sector, and restraint, confiscation, and civil recovery issues. Richard Thomas is a criminal barrister at Doughty Street Chambers. As a trial advocate, he has been instructed in cases of fraud and money laundering, and as a led junior he has appeared for the defence in cases of substantial multi-million pound banking frauds. In the field of the proceeds of crime and asset forfeiture, Richard has wide experience, both of proceedings connected to criminal prosecutions, but also in stand alone civil forfeiture applications.

Détails de l'édition

• Éditeur: Oxford University Press Inc
• Date d'édition: 2003
• Langue: anglais
• ISBN 10: 0199254540
• ISBN 13: 9780199254545
• Reliure: Broché
• Nombre de pages: 372
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible