A Practical Guide to Confiscation and Restraint
Narita Bahra (u. a.)
Sold by preigu, Osnabrück, Germany
AbeBooks Seller since 5 August 2024
New - Soft cover
Condition: New
Ships from Germany to U.S.A.
Quantity: 5 available
Add to basketSold by preigu, Osnabrück, Germany
AbeBooks Seller since 5 August 2024
Condition: New
Quantity: 5 available
Add to basketA Practical Guide to Confiscation and Restraint | Narita Bahra (u. a.) | Taschenbuch | Kartoniert / Broschiert | Englisch | 2022 | Law Brief Publishing Ltd | EAN 9781913715441 | Verantwortliche Person für die EU: Libri GmbH, Europaallee 1, 36244 Bad Hersfeld, gpsr[at]libri[dot]de | Anbieter: preigu Print on Demand.
Seller Inventory # 122026101
A practical and quick-reference guide to the highly topical and complex issues of Confiscation and Restraint under the Proceeds of Crime Act 2002 (POCA) in criminal proceedings. It is aimed at both prosecution and defence practitioners giving advice, preparing statements, and on their feet in the Crown Court or before Magistrates. Confiscation and Restraint issues arise in many criminal cases, where the prosecution seek to recover benefit from the assets of those convicted. The book explains the underlying logic behind the various provisions and their operation in everyday practice. It is packed with useful insights and practical points to assist practitioners to swiftly identify and competently address the relevant issues, supported by references to authority in statute, case law and the Criminal Procedure Rules. The appendices provide examples of key documents which the practitioner can adapt to meet the defendant’s situation. A final chapter outlines issues in relation to civil account freezing and forfeiture applications in the Magistrates’ Court.
“It is a great achievement to create a short guide to this area … clear and accessible … Practitioners will do well to carry it with them and use it as their first port of call to guide them in the right direction. It will save them from error and give them confidence to tackle cases which may at first seem intractable.”
– From the Foreword by Lord Justice Edis
ABOUT THE AUTHORS
Narita Bahra QC is a leading defence barrister instructed to defend in heavyweight and high-profile Business Crime cases. Narita is recognised as an effective tactician in the field of Business Crime and financial services. Her stellar work ethic results in tangible impact and defining successful outcomes in cases involving fraud, tax evasion, money laundering and Anti-competitive conduct (cartels, market abuse, insider dealing), investment products (carbon credits, diamonds, bitcoin) and Confiscation.
David Winch B.Com., F.C.A. is a forensic accountant specialising in crime and proceeds of crime and a sought-after commentator on confiscation and money laundering, appearing on national television and radio. A chartered accountant and a leading member of the team at Sedulo Forensic Accountants, he has appeared as an expert witness in Crown Courts, the High Court, the First Tier Tribunal (Tax Chamber), and the Royal Court (Jersey).
John Carl Townsend is recognised as a specialist in the field of POCA and asset forfeiture. He has acted in all proceedings connected to the Proceeds of Crime Act 2002 including Part 5 (Asset Forfeiture) and Part 6 (Tax). He is a tenant at 33 Chancery Lane.
CONTENTS
Introduction
Chapter One – Investigation and Charging
Chapter Two – Restraint
Chapter Three – Trial & Pleas
Chapter Four – Legal Aid Versus Private Representation
Chapter Five – The Fundamentals of Confiscation
Chapter Six – The Meanings of Some Common Terms
Chapter Seven – Section 18 & Section 18a Questionnaires
Chapter Eight – The Section 16 Statement of Information
Chapter Nine – Criminal Lifestyle
Chapter Ten – The Statutory Assumptions
Chapter Eleven – The Defendant’s Section 17 Response
Chapter Twelve – Expert Witnesses
Chapter Thirteen – Further Section 16 Statements & Responses
Chapter Fourteen – The Default Sentence
Chapter Fifteen – The Confiscation Hearing
Chapter Sixteen – Variation to Confiscation Orders
Chapter Seventeen – Absent Defendant
Chapter Eighteen – Appeals
Chapter Nineteen – Activating the Default Sentence
Chapter Twenty – A Second or Subsequent Confiscation Order
Chapter Twenty-One – Account Freezing and Forfeiture Orders
Appendix One – Section 18 Response
Appendix Two – Section 16(3) Statement
Appendix Three – Section 17 Response
Appendix Four – Scott Schedule
Appendix Five – Section 23 Application
"About this title" may belong to another edition of this title.
Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following terms and conditions of business apply for all contracts concluded with us as the supplier (preigu GmbH & Co. KG) via the websites AbeBooks and/or ZVAB. Unless otherwise agreed, the inclusion of your own terms and conditions is explicitly rejected.
(2) A ?consumer' in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwh...
Instructions for revocation
Right of withdrawal for the sale of goods
Revocation right for consumers
(A ‘consumer' is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within 14 days without specifying any reasons.
The revocation period is 14 days with effect from the day,
on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;
To exercise your right of withdrawal, you must inform us (preigu GmbH & Co. KG, Lengericher Landstr. 19, 49078 Osnabrück, Telephone number: +49 (0) 541 / 580 72 84, E-Mail address: mail@preigu.de) by means of a clear declaration (e.g. a letter sent by post, or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
You can also exercise your right of withdrawal online by clicking on a button labelled accordingly (such as ‘Withdraw from contract' or similar) on the AbeBooks/ZVAB website. If you use this online function, you will immediately receive a confirmation of receipt on a durable medium (e.g. via email) containing information on the content of the withdrawal notice, as well as the date and time of its receipt.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day deadline.
You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
for delivery of newspapers, periodicals or magazines with the exception of subscription contracts. The revocation right expires prematurely in case of contracts
for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
To preigu GmbH & Co. KG, Lengericher Landstr. 19, 49078 Osnabrück, Email address: mail@preigu.de :
I/we () herewith revoke the contract concluded by me/ us () regarding the purchase of the following products ()/
the provision of the following service ()
Ordered on ()/ received on ()
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of a notification on paper)
Date
(*) Cross out the incorrect option.
| Order quantity | 60 to 60 business days | 60 to 60 business days |
|---|---|---|
| First item | £ 59.88 | £ 59.88 |
Delivery times are set by sellers and vary by carrier and location. Orders passing through Customs may face delays and buyers are responsible for any associated duties or fees. Sellers may contact you regarding additional charges to cover any increased costs to ship your items.