Blackstone's Guide to the Proceeds of Crime Act 2002,9780199254545

Blackstone's Guide to the Proceeds of Crime Act 2002

by ;
ISBN13: 9780199254545
ISBN10: 0199254540
Format: Paperback
Pub. Date: 2003-05-22
Publisher(s): Blackstone Press
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List Price: $78.93

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Summary

This second edition of the successful Guide provides a detailed commentary on the Proceeds of Crime Act 2002, whilst also covering all of the developments since the Act came into force in Spring 2003. It refers to subsequent, related legislation such as the new Crown Court Rules and Code ofPractice, and the progress of the Asset Recovery Agency. Busy practitioners, both criminal and civil, will find this revised Guide an invaluable reference source.

Table of Contents

Preface xi
Table of Cases
xiii
Table of Primary Legislation
xix
Table of Secondary Legislation
xxvii
Table of Conventions
xxix
Table of Abbreviations
xxxi
Introduction
Purpose of the legislation
1(3)
Significance for practitioners
4(1)
Legal help and representation
5(1)
Scheme of the commentary
6(1)
The position in Scotland and Northern Ireland
6(1)
Commencement dates
7(2)
The Assets Recovery Agency
Overview
9(2)
The Director
11(3)
Revenue functions
14(3)
Criminal Confiscation
Overview
17(4)
The process---a summary
21(2)
When does the Act apply?
23(1)
Mandatory enquiry
23(1)
Evidence and proof
24(3)
Stage one of the process---determining `criminal lifestyle'
27(2)
Stage two---has the defendant benefited from criminal conduct?
29(3)
The assumptions
32(4)
Stage three---determining the recoverable amount
36(4)
Stage four---determining the available amount
40(8)
Confiscation orders and sentence
48(2)
Postponement
50(3)
The making of the order
53(1)
Enforcement
53(3)
Reconsideration
56(2)
Absconding defendants
58(1)
Appeals
59(1)
Compensation
60(1)
Investigations Into Criminal Proceeds
Overview
61(1)
Investigatory powers
62(5)
Production orders
67(3)
Search and seizure warrants
70(4)
Disclosure orders
74(2)
Customer information orders
76(2)
Account monitoring orders
78(1)
Evidence overseas
79(1)
Prejudicing an investigation
79(5)
Restraint Proceedings
Overview
84(2)
Conditions for exercise of powers
86(2)
Effects of a restraint order
88(1)
Definitions
89(1)
Application, variation and discharge
90(2)
Appointment of management receivers
92(3)
Restraint proceedings and seized money
95(1)
Principles to be followed in exercise of powers
95(2)
Money Laundering
Overview
97(3)
Concealing the proceeds of criminal conduct
100(1)
Assisting another to retain the benefits of criminal conduct
101(3)
Acquisition, use and possession of the proceeds of crime
104(1)
Failure to disclose knowledge or suspicion of money laundering
105(4)
Tipping off
109(4)
Authorized and protected disclosures
113(1)
Penalties for money laundering offences
113(1)
The duties of legal advisers
113(4)
Civil Recovery of the Proceeds of Unlawful Conduct
Introduction
117(2)
Definitions
119(2)
Tracing property
121(1)
Procedure
122(2)
Interim receiving orders
124(2)
The making of a recovery order
126(2)
The trustee for civil recovery
128(3)
Cash Seizure
Overview
131(1)
Provisions in detail
131(8)
Revenue Functions
General
139(1)
Reasonable grounds for suspicion
140(1)
Notice to the Commissioners
140(1)
Appeals
141(2)
Text of the Proceeds of Crime Act 2002 (As It Applies to England and Wales) 143(190)
Index 333

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