Blackstone's Guide to the Proceeds of Crime Act 2002 - Softcover

Rees QC, Edward

Softcover

ISBN 10: 0199254540 ISBN 13: 9780199254545

Publisher: Oxford University Press Inc, 2003

Synopsis

The Proceeds of Crime Act 2002 is perhaps the most significant development in the criminal law since incorporation of the European Convention on Human Rights in 1998 and has far-reaching consequences in criminal procedure. It is designed to create a culture in which the confiscation of criminal assets is seen as an essential step in the investigation of crime, the processing of convicted defendants and the removal of assets from others identified as having benefited from criminal conduct. The new legislation contains a number of radical changes: The Act establishes a powerful Assets Recovery Agency with extensive investigative powers. The Agency will be able to pursue criminal assets through confiscation of the assets of convicted criminals or recovery of assets representing the proceeds of crime through civil actions. Importantly, civil recovery will permit the recovery of criminal assets where no conviction has been achieved. In addition, persons suspected of having benefited from crime will be liable to have their assets taxed by the Revenue Authorities. The Act amalgamates and strengthens existing powers available to restrain property whilst criminal proceedings are pending, and to seek an order for confiscation following conviction in both drugs cases and non-drugs offences. Existing restraint jurisdiction is transferred from the High Court to the Crown Court to create a "one-stop shop" for confiscation of crime proceeds. The Act also reforms the definition of money-laundering and replaces the existing separate drug and non-drug offences with a single consolidated set of charges.

About this title

Review

[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)

About the Author

Edward Rees QC is a specialist criminal law barrister at Doughty Street Chambers with expertise in serious fraud, confiscation cases and trials with civil libertarian implications. He is principal speaker on behalf of the Criminal Bar Association on criminal confiscation and Honorary Fellow in Criminal Process at Kent University. Richard Fisher is a barrister at Doughty Street Chambers specialising in Criminal Defence.

Edition details

• Publisher: Oxford University Press Inc
• Publication date: 2003
• Language: English
• ISBN 10: 0199254540
• ISBN 13: 9780199254545
• Binding: Paperback
• Number of pages: 372