Overview

The Proceeds of Crime second edition introduces the reader to the complexities of the proceeds of crime and asset recovery legislation in both a user-friendly and step-by-step way. This portable and easily navigable book provides the reader with a clear insight into every stage of assisting the client from restraint to confiscation and how to apply for a Certificate of Inadequacy and what powers enforcement authorities have to enforce orders, particularly the appointment of receivers. Proceeds of crime and asset recovery law has taken on greater importance to the criminal practitioner in recent years, particularly with the transfer of the criminal restraint and receivership powers of the High Court to the Crown Court under the 2002 legislation. The new edition has been updated to include analysis of the most recent decisions emanating from the Courts, like Capewell and Jennings, together with comment on all of the main legislative changes, with reference to both the Criminal and Civil Procedure Rules and changes brought about by the Serious Organised Crime and Police Act 2005. It also includes new chapters on: - Restraint and receivership orders - Practice and procedure in both the Crown Court and the High Court - Disclosure orders - Repatriation of assets from abroad - How to deal with contempt of court applications - Condemnation law (bootlegging) This second edition is an essential purchase for criminal practitioners, for the well-balanced and practical assistance it affords, both on the high street and in the court-room.

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9780199298648

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Trevor Millington is a Barrister and Senior Lawyer in the Asset Forfeiture Unit of the Revenue and Customs Prosecutions Office (formerly the Solicitor's Office of HM Customs and Excise). Since 1989 he has specialised exclusively in the law relating to the restraint and confiscation of the proceeds of crime. In 1994 he was seconded to Gibraltar where he was responsible for drafting legislation to implement the EC Money Laundering Directive and to provide for the restraint and confiscation of the proceeds of crime. He has lectured widely on the subject and is author of Restraint and Confiscation Orders (FT Law and Tax, 1996). Mark Sutherland Williams has appeared as counsel in a number of the most significant cases that have been decided in the proceeds of crime field in recent years. He was the first counsel to be instructed by HM Commissioners of Customs and Excise to obtain a restraint order under the Proceeds of Crime Act 2002 legislation. He regularly appears in both the High Court and the Court of Appeal in specialist forfeiture, receivership, restraint, and confiscation order matters. He is head of his chambers Public Law and Regulatory Group, including the Proceeds of Crime Unit.

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