PDF_ A Practical Guide to Confiscation and Restraint
5 minutes ago - COPY LINK TO DOWNLOAD : https://koencoeng-ygtersakity.blogspot.mx/?lophe=1913715442 | [PDF READ ONLINE] A Practical Guide to Confiscation and Restraint | 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 defendant8217s situation. A final chapter outlines issues in relation to civil account freezing and forfeiture applications in the Magistrates8217 Court.8220It is a great achievement to create a short guide to this area 8230 clear and accessible 8230 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.82218211 From the Foreword by Lord Justice EdisABOUT THE AUTHORSNarita 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.CONTENTSIntroductionChapter One 8211 Investigation and ChargingChapter Two 8211 RestraintChapter Three 8211 Trial & PleasChapter Four 8211 Legal Aid Versus Private RepresentationChapter Five 8211 The Fundamentals of ConfiscationChapter Six 8211 The Meanings of Some Common TermsChapter Seven 8211 Section 18 & Section 18a QuestionnairesChapter Eight 8211 The Section 16 Statement of InformationChapter Nine 8211 Criminal LifestyleChapter Ten 8211 The Statutory AssumptionsChapter Eleven 8211 The Defendant8217s Section 17 ResponseChapter Twelve 8211 Expert WitnessesChapter Thirteen 8211 Further Section 16 Statements & ResponsesChapter Fourteen 8211 The Default SentenceChapter Fifteen 8211 The Confiscation HearingChapter Sixteen 8211 Variation to Confiscation OrdersChapter Seventeen 8211 Absent DefendantChapter Eighteen 8211 AppealsChapter Nineteen 8211 Activating the Default SentenceChapter Twenty 8211 A Second or Subsequent Confiscation OrderChapter Twenty-One 8211 Account Freezing and Forfeiture OrdersAppendix One 8211 Section 18 ResponseAppendix Two 8211 Section 16(3) StatementAppendix Three 8211 Section 17 ResponseAppendix Four 8211 Scott ScheduleAppendix Five 8211 Section 23 Application
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