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Blackstone's Guide to the Proceeds of Crime Act 2002, 4th Edition

Blackstone's Guide to the Proceeds of Crime Act 2002, 4th Edition

Author: Edward Rees; Richard Fisher; Richard Thomas
Publisher: Oxford University Press
ISBN: 9780199601738
Published In: July 2011
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author
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A new edition of this popular Blackstone's Guide
Clear, detailed overview of the Proceeds of Crime Act 2002 - an ideal introduction to those new to this complex area of law and practice
Accessible commentary and analysis of the Act, and of the considerable body of decided cases
Includes the full, amended text of the Act, as well as other essential materials, providing all you need in one resource

New to this edition

Completely up-to-date in light of the Criminal Procedure Rules 2010, Policing and Crime Act 2009, and the UK Borders Act 2007
Comprehensive coverage of all recent relevant case law, including the decisions in May, Jennings, and Green

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.

Readership: Solicitors and barristers specializing in criminal law, as well as those working in the financial services industry; academics; students; the judiciary; the police and other prosecuting agencies; and everyone whose work or studies relate to asset recovery and money laundering compliance.

1: Introduction

Purpose of the Legislation

The Scheme of the Act

Scheme of the Commentary

2: Criminal Confiscation

Overview

The Process - A Summary

When Does the Act Apply?

Information, Evidence and Proof

Stage One - Determining Criminal Lifestyle

Stage Two: Has the Defendant Benefited from Criminal Conduct?

The Assumptions

Stage Three: Determining the Recoverable Amount

Stage Four: Determining the Available Amount

Confiscation Orders and Sentence

Postponement

The Making of the Order

Enforcement

Reconsideration

Absent Defendants

Appeals

Compensation

3: Investigations into Criminal Proceeds

Overview

Production Orders

Search and Seizure Warrants

Disclosure Orders

Customer Information Orders

Account Monitoring Orders

Code of Practice Governing the Investigation Powers

Overseas Evidence

Prejudicing an Investigation

4: Restraint Proceedings and Management Receivership

Overview

The Applicant

Conditions for Exercise of Restraint Powers

Exercise of the Court's Powers and Effects of a Restraint Order

Variation, Discharge, and Appeal

Procedure and Evidence

Management Receivership

Compensation

5: Money Laundering

Overview

Concealing the Proceeds of Criminal Conduct (Section 327)

Assisting Another to Retain the Benefits of Criminal Conduct (Section 328)

Acquisition, Use, and Possession of the Proceeds of Crime (Section 329)

Reporting Under Section 338

Conspiracy to Commit Offences Under Sections 327-329

Failure to Disclose Knowledge or Suspicion of Money Laundering (Section 330)

Tipping Off

Penalties

6: Civil Recovery of the Proceeds of Unlawful Conduct

Introduction

Definitions

Acquisition in Good Faith

Tracing Property

Procedure

Interim Receiving Orders

Freezing Orders

Legal Expenses

The Making of a Recovery Order

The Trustee for Civil Recovery

7: Cash Seizure

Introduction

Definitions

Search and Seizure

Detention of Cash

Further Investigation into Detained Cash

Forfeiture

Victims and Other Owners

Compensation and Costs

8: Revenue Functions

General

Reasonable Grounds for Suspicion

Notice to the Commissioners

Appeals

Appendix 1- The Proceeds of Crime Act 2002 (as amended)

Appendix 2 - Criminal Procedure Rules 2010 (Parts 56-62 and 71-73)

Appendix 3 - The Money Laundering Regulations 2007 (as amended)

Appendix 4 - Practice Direction - Civil Recovery Proceedings

Edward Rees QC, Barrister, Doughty Street Chambers, Richard Fisher, Barrister, Doughty Street Chambers, and Richard Thomas, Barrister, Doughty Street Chambers

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.

"[I]deal for the 'embattled practictioner'...[and] also a clear, concise introduction to those who are new to this area of law, as well as those who...must 'confront the Act head on in their daily professional lives'." - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

"This is a welcome addition to publications on criminal procedure, continuing the helpful analysis provided in the three previous editions." - Colin Wells, Barrister of 25 Bedford Row London