Overview

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. This Guide provides a detailed and practical commentary on the Serious Crime Act 2007. It examines the probable impact on the law, practice and procedure, with full case referencing to illuminate probable interpretation. The Act establishes the serious crime prevention order - also called a 'super-asbo' - which will impose restrictions on individuals and organisations convicted or suspected of being involved in serious crimes (such as people and arms trafficking, fraud, drug dealing and blackmail). It also introduces new offences of intentionally encouraging or assisting a criminal act ; the strengthening of the recovery of criminal assets; and abolishes the Assets Recovery Agency - transferring its responsiblities to the Serious Organised Crime AgencyThe Guide:- Includes the full text of the Act- Provides a detailed and practical commentary on its likely effect on the law, practice and procedure - with full case referencing to illuminate probable interpretation- The narrative highlights the tensions caused with human rights and civil liberties issues - looking at possible conflict with the HRA and ECHR- Straightforward layout , organised by subject heading to enable ease of use as a reference resource

Full Product Details

Author:   Rudi Fortson (Barrister, 25 Bedford Row)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 15.60cm , Height: 2.00cm , Length: 23.40cm
Weight:   0.568kg
ISBN:  

9780199543045

ISBN 10:   0199543046
Pages:   372
Publication Date:   24 April 2008
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

1: Introduction Progress of the Serious Crime Bill in Parliament 'Serious Crime' or Just 'Crime'? Serious Crime Prevention Orders Encouraging and Assistant Crime Data Sharing and Data Matching The Demise of the Assets Recovery Agency Detained Cash Investigations Receivers Extension of Investigatory Powers of Revenue and Customs Stop and Search Amendment (s 87, SCA 2007) 2: Serious Crime Prevention Orders - General Matters General Matters Matters Common to the High Court and the Crown Court 3: Serious Crime Prevention Orders: Jurisdiction of the High Court Overview 'Has Been Involved in Serious Crime' Conditions that May be Attached to an SCPO Duration of Orders Variation of an SCPO (s 17) Discharge of an SCPO (s 18) 4: Serious Crime Prevention Orders: Jurisdiction of the Crown Court Introduction Making an SCPO - Requirements (s 19) Attaching Terms to an SCPO Variation of an SCPO in the Crown Court 5: Serious Crime Prevention Orders: Appeals and Enforcement Appeals Offence of Failing to Comply with an SCPO (s 25) Powers of Forfeiture for Failing to Comply (s 26) The Power to Wind Up Companies (s 27) 6: Encouraging and Participating in Crime: Overview and Fundamental Principles Overview Categories of Persons Who are Parties to a Crime The Case for Inchoate Liability: The Anticipated Offence is Not Committed External Elements of an Offence Terms and Concepts for the Purposes of Part 2 of the SCA 2007 The Inchoate Offences: Elements and Defences Categories of Anticipated Offences Susceptible to Part 2 of the SCA 2007 The Mental Element and s 47 Alternative Verdicts and Guilty Pleas (s 57) Defences, Protections, and Limitations Instituting Proceedings Jurisdiction Further Reform: Anticipated Offences Committed by the Principal (Law Com No 305) 7: Data Sharing and Data Matching: Trends and Issues Electronic Data Processing Definitions and Concepts for the Purposes of Chapter 1, Part 3, of the SCA 2007 Data Sharing under Chapter 1 of the SCA 2007 Data Matching Safeguards Offence of Disclosing 'Protected Information' (s 69, SCA 2007) 8: The Demise of the Assets Recovery Agency Introduction Transfer of ARA's Functions to Other Agencies Consequential Amendments What Went Wrong? The Asset Recovery Action Plan 9: 'Cash Forfeiture' in Civil Proceedings Introduction Defects in the Cash Forfeiture Regime under Part II of the DTA 1994 The Changes Made by the POCA 2002 to the Cash Forfeiture Regime Weaknesses in the POCA 2002, Re Cash Forfeiture Seizure and Forfeiture of Cash - Summary Proceedings The Civil Nature of Forfeiture Proceedings Standard of Proof Detained Cash Investigations 10: Accredited Financial Investigators What is an 'Accredited Financial Investigator'? Accreditation and Functions of an AFI Extending the Powers of an AFI under the SCA 2007 New Offences Relating to an AFI 11: Powers Relating to Receivers Appointed Under the POCA 2002 Management Receivers and Enforcement Receivers Management Receivers in Civil Recovery Proceedings 12: Extension of Investigatory Powers of HM Revenue & Customs Amendments to Various Enactments and their Effects 13: Stop and Search Amendment (s 87, SCA 2007) APPENDICES Appendix 1: Serious Crime Act 2007

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Author Information

An independent practising Barrister (advocate) for over 25 years, specialising in drug trafficking offences, fraud in all its forms (including internet fraud and software piracy), money-laundering, and asset-recovery. He is a member of the Criminal Bar Association, and the Forensic Science Society. Rudi Fortson has written and lectured extensively on many criminal-law matters in relation to the law of England, and in relation to the law of the European Union. Principal subjects include drug-law, asset-recovery, money-laundering, human-rights law, and topical EU issues.

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