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Blackstone's Guide to the Serious Crime Act 2007

Blackstone's Guide to the Serious Crime Act 2007

Author: Rudi Fortson
Publisher: Oxford University Press
ISBN: 9780199543045
Published In: April 2008
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Provides a detailed and practical commentary on the effect of the Act on the law, practice and procedure
An excellent quick reference tool - being logically organised and following the structure of the Act
Includes the full text of the Act

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 effects, extent and scope 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.

This Guide provides a detailed and practical commentary on the Serious Crime Act 2007. It examines the probable impact on the law, practice and procedure, with full case referencing to illuminate probable interpretation. The Act establishes the serious crime prevention order - also called a 'super-asbo' - which will impose restrictions on individuals and organisations convicted or suspected of being involved in serious crimes (such as people and arms trafficking, fraud, drug dealing and blackmail). It also introduces new offences of intentionally encouraging or assisting a criminal act ; the strengthening of the recovery of criminal assets; and abolishes the Assets Recovery Agency - transferring its responsiblities to the Serious Organised Crime Agency

The Guide:
- Includes the full text of the Act

- Provides a detailed and practical commentary on its likely effect on the law, practice and procedure - with full case referencing to illuminate probable interpretation

- The narrative highlights the tensions caused with human rights and civil liberties issues - looking at possible conflict with the HRA and ECHR

- Straightforward layout , organised by subject heading to enable ease of use as a reference resource

Readership: Primary: All criminal law practitioners - solicitors, barristers, the judiciary, magistrates and those within the Crown Prosecution Service. Secondary: police, probation service, academics in the fields of criminal law, criminal justice and criminology.

1: Introduction
Progress of the Serious Crime Bill in Parliament
'Serious Crime' or Just 'Crime'?
Serious Crime Prevention Orders
Encouraging and Assistant Crime
Data Sharing and Data Matching
The Demise of the Assets Recovery Agency
Detained Cash Investigations
Receivers
Extension of Investigatory Powers of Revenue and Customs
Stop and Search Amendment (s 87, SCA 2007)
2: Serious Crime Prevention Orders - General Matters
General Matters
Matters Common to the High Court and the Crown Court
3: Serious Crime Prevention Orders: Jurisdiction of the High Court
Overview
'Has Been Involved in Serious Crime'
Conditions that May be Attached to an SCPO
Duration of Orders
Variation of an SCPO (s 17)
Discharge of an SCPO (s 18)
4: Serious Crime Prevention Orders: Jurisdiction of the Crown Court
Introduction
Making an SCPO - Requirements (s 19)
Attaching Terms to an SCPO
Variation of an SCPO in the Crown Court
5: Serious Crime Prevention Orders: Appeals and Enforcement
Appeals
Offence of Failing to Comply with an SCPO (s 25)
Powers of Forfeiture for Failing to Comply (s 26)
The Power to Wind Up Companies (s 27)
6: Encouraging and Participating in Crime: Overview and Fundamental Principles
Overview
Categories of Persons Who are Parties to a Crime
The Case for Inchoate Liability: The Anticipated Offence is Not Committed
External Elements of an Offence
Terms and Concepts for the Purposes of Part 2 of the SCA 2007
The Inchoate Offences: Elements and Defences
Categories of Anticipated Offences Susceptible to Part 2 of the SCA 2007
The Mental Element and s 47
Alternative Verdicts and Guilty Pleas (s 57)
Defences, Protections, and Limitations
Instituting Proceedings
Jurisdiction
Further Reform: Anticipated Offences Committed by the Principal (Law Com No 305)
7: Data Sharing and Data Matching: Trends and Issues
Electronic Data Processing
Definitions and Concepts for the Purposes of Chapter 1, Part 3, of the SCA 2007
Data Sharing under Chapter 1 of the SCA 2007
Data Matching
Safeguards
Offence of Disclosing 'Protected Information' (s 69, SCA 2007)
8: The Demise of the Assets Recovery Agency
Introduction
Transfer of ARA's Functions to Other Agencies
Consequential Amendments
What Went Wrong?
The Asset Recovery Action Plan
9: 'Cash Forfeiture' in Civil Proceedings
Introduction
Defects in the Cash Forfeiture Regime under Part II of the DTA 1994
The Changes Made by the POCA 2002 to the Cash Forfeiture Regime
Weaknesses in the POCA 2002, Re Cash Forfeiture
Seizure and Forfeiture of Cash - Summary Proceedings
The Civil Nature of Forfeiture Proceedings
Standard of Proof
Detained Cash Investigations
10: Accredited Financial Investigators
What is an 'Accredited Financial Investigator'?
Accreditation and Functions of an AFI
Extending the Powers of an AFI under the SCA 2007
New Offences Relating to an AFI
11: Powers Relating to Receivers Appointed Under the POCA 2002
Management Receivers and Enforcement Receivers
Management Receivers in Civil Recovery Proceedings
12: Extension of Investigatory Powers of HM Revenue & Customs
Amendments to Various Enactments and their Effects
13: Stop and Search Amendment (s 87, SCA 2007)
APPENDICES
Appendix 1: Serious Crime Act 2007