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A Practical Guide to Confiscation and Restraint

A Practical Guide to Confiscation and Restraint

Author: Narita Bahra QC; David Winch; John Carl Townsend
Publisher: Law Brief Publishing
ISBN: 9781913715441
Published In: February 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 839.86

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Description
Contents

Details

This book is a practical and quick-reference guide to the highly topical and complex issues of Confiscation and Restraint under the Proceeds of Crime Act 2002 (POCA) in criminal proceedings. It is aimed at both prosecution and defence practitioners giving advice, preparing statements, and on their feet in the Crown Court or before Magistrates. Confiscation and Restraint issues arise in many criminal cases, where the prosecution seek to recover benefit from the assets of those convicted. The book explains the underlying logic behind the various provisions and their operation in everyday practice. It is packed with useful insights and practical points to assist practitioners to swiftly identify and competently address the relevant issues, supported by references to authority in statute, case law and the Criminal Procedure Rules. The appendices provide examples of key documents which the practitioner can adapt to meet the defendant’s situation. A final chapter outlines issues in relation to civil account freezing and forfeiture applications in the Magistrates’ Court.

Introduction

Chapter One – Investigation and Charging

Chapter Two – Restraint

Chapter Three – Trial & Pleas

Chapter Four – Legal Aid Versus Private Representation

Chapter Five – The Fundamentals of Confiscation

Chapter Six – The Meanings of Some Common Terms

Chapter Seven – Section 18 & Section 18a Questionnaires

Chapter Eight – The Section 16 Statement of Information

Chapter Nine – Criminal Lifestyle

Chapter Ten – The Statutory Assumptions

Chapter Eleven – The Defendant’s Section 17 Response