| Blackstone's Guide to the Proceeds of Crime Act 2002
£49.95
ISBN: 9780199601738
Published Date: 21 July 2011
Edition: 4th
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 the Blackstone's Guide to the Proceeds of Crime Act 2002 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.
Blackstone's Guide to the Proceeds of Crime Act 2002 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.
Table of Contents:
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
|
|
