9780198758150

Millington and Sutherland Williams on The Proceeds of Crime provides a definitive guide to all aspects of the law concerning the recovery of the proceeds of crime in England and Wales. It provides an easily navigable step-by-step approach that considers how the legislation is geared to ensuring that criminals do not benefit from their crimes financially, as well as detailed coverage of every stage of the confiscation process.

This new edition has been fully updated to include all important legislative changes since the publication of the fourth edition. It includes a new chapter on bribery and corruption and covers all significant case law, including discussion on the ongoing inpact of R v Waya.

The new edition incorporates in-depth coverage of the relevant legislation, with analysis of the Serious Crime Act 2015 which gives effect to a number of legislative proposals set out in the Serious and Organised Crime Strategy published in October 2013 and, in doing so, expands the powers that the National Crime Agency, the police and other law enforcement agencies have to pursue, disrupt and bring to justice those engaged in organised crime.

The new edition contains carefully selected appendices, including extracts from the Proceeds of Crime Act 2002, and draft restraint, receivership and civil recovery orders.

Judge Mark Sutherland Williams, Judge of the First-Tier Tribunal,His Honour Judge Michael Hopmeier, Circuit Judge, South Eastern Circuit,Rupert Jones, Barrister, 3 Paper Buildings,

Mark Sutherland Williams is a Judge of the First-Tier Tribunal based at Southampton. He was previously a barrister at 3PB, where he appeared as counsel in a number of the most significant cases decided in the proceeds of crime field, and was head of the Asset Forfeiture Group for 10 years.

HHJ Michael Hopmeier is a Circuit Judge based at Kingston Crown Court. He was previously a barrister at Hardwicke Chambers and, during a 30 year career at the Bar, undertook many high-profile fraud cases, both prosecuting and defending.

Rupert Jones is a barrister at 3 Paper Buildings. He was called to the Bar in 2000 and specialises in the field of asset forfeiture and proceeds of crime.

1. Setting the scene
2. Restraint orders
3. Ancillary Orders: Seizure, Disclosure and Repatriation of Assets
4. Management Receivers
5. Applications to vary and discharge restraint orders
6. Enforcement of restraint and receivership orders: contempt of court
7. Practice and procedure in Crown Court Restraint and Management Receivership Cases under POCA
8. Preparing for confiscation hearings
9. The confiscation hearing
10. Reconsideration of confiscation orders
11. Enforcement of confiscation orders
12. The insolvent defendant
13. Civil recovery: property freezing orders; interim receivers; and legal expenses
14. Civil recovery: recovery orders; the ECHR; and taxation
15. The seizure and recovery of cash
16. Third parties
17. Investigations
18. Appeals
19. The international element
20. Money laundering
21. Disclosure of suspicious transactions
22. Costs, funding issues, and compensation
23. Terrorism and the proceeds of crime
24. Condemnation and restoration
25. Bribery and Corruption
Appendices

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Millington and Sutherland Williams on The Proceeds of Crime 5e

Millington and Sutherland Williams on The Proceeds of Crime 5e

0198758154

Summary

Author Biography

Table of Contents

Supplemental Materials