Millington and Sutherland Williams on The Proceeds of Crime by Mark Sutherland WilliamsMillington and Sutherland Williams on The Proceeds of Crime by Mark Sutherland Williams

Millington and Sutherland Williams on The Proceeds of Crime

EditorMark Sutherland Williams, Michael Hopmeier, Rupert Jones

Hardcover | October 19, 2013

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Millington and Sutherland Williams on The Proceeds of Crime provides a definitive guide to all aspects of the law concerning the recovery of the proceeds of crime in England and Wales. It provides an easily navigable step-by-step approach that considers how the legislation is geared toensuring that criminals do not benefit from their crimes financially, as well as detailed coverage of every stage of the confiscation process.This new edition has been fully updated to include all important legislative changes over the last three years, and covers all significant case law, including discussion on R v WayaThe new edition incorporates in-depth coverage of the relevant legislation, with analysis of the Proceeds of Crime Act 2002 and reference to case law under both the Drug Trafficking Act 1994 and the Criminal Justice Act 1988, as well as the most recent amendments under the Crime and Courts Act 2013.The new edition contains carefully selected appendices, including extracts from the Proceeds of Crime Act 2002, and draft restraint, receivership and civil recovery orders.
Mark Sutherland Williams is a Judge of the First-Tier Tribunal based at Southampton. He was previously a barrister at 3PB, where he appeared as counsel in a number of the most significant cases decided in the proceeds of crime field, and was head of the Asset Forfeiture Group for 10 years. HHJ Michael Hopmeier is a Circuit Judge base...
Title:Millington and Sutherland Williams on The Proceeds of CrimeFormat:HardcoverDimensions:832 pages, 9.69 × 6.73 × 0 inPublished:October 19, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199672911

ISBN - 13:9780199672912

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Table of Contents

1. Setting the SceneIntroductionWhy was Confiscation Law EnactedThe Object of the Confiscation RegimeThe Proceeds of Crime Act 2002: A SummaryAgencies Responsible for the Enforcement of the LegislationThe International ElementMoney LaunderingRecent Developments in Confiscation LawDeferred Prosecution Agreements2. Restraint OrdersIntroductionRestraint OrdersNorthern IrelandProtecting Restraint Orders in Relation to Real Property3. Ancillary OrdersIntroductionSeizure of AssetsDisclosure OrdersOral ExaminationRepatriation of AssetsWrit of ne exeat regno4. Management ReceiversIntroductionJurisdiction to Appoint Management ReceiversExercising the Discretion to Appoint Management Receivers: The Capwell GuidelinesSatus of the Receiver on AppointmentDuties and Liabilities of the ReceiverRemuneration of ReceiversDischarge of the ReceiverTaxation and Receivers5. . Application to Vary and Discharge Restraint OrdersIntroductionApplications to Dishcharge Restraint OrdersApplications to Vary the Restrtaint OrderThe Principles on which the Court Acts: the 'Legislative Steer'The Source for Payment of Legal Fees and General Living ExpensesRelease of Funds after a Confiscation Order has been Made6. Enforcement of Restraint and Receivership of Orders: Contempt of CourtIntroductionProcedure in Crown Court ApplicationsThe HearingProcedure on High Court ApplicationsThe Hearing7. Practice and Procedure in the Crown CourtIntroductionThe Overriding ObjectiveProcedure on Applications for Restraint OrdersProcedure on Applications to Vary or Discharge the OrderReceivership ProceedingsProvisions as to Evidence and the Service of Documents8. Preparing for Confiscation HearingsIntroductionConfiscation in the Magistrates' CourtThe Basics of Confiscation under POCAPostponement of POCA Confiscation HearingsPreparatory Steps for POCA Hearing9. The Confiscation HearingIntroductionStatutory BenefitValuing BenefitRecoverable AmountTainted GiftsDisproportionalityTime for PaymentThe Effect of a Confiscation Order on Sentence and the Court's Other PowersAppealsDefendants Who Die or Abscond10. Reconsideration of Confiscation OrdersIntroductionVariation and Discharge under the Proceeds of Crime Act 2002Reconsideration of Case where no Confiscation Order was Originally MadeReconsideration of Benefit: Hearing held but no Confiscation Order Originally MadeWhere a Confiscation Order had been Made: Reconsideration of BenefitProcedure: Applications under Sections 19, 20, or 21 of POCAIncrease in Availabel AmountInadequacy of Available AmountVariations and Discharge for Defendants who Abscond11. Enforcement of Confiscation OrderIntroductionRoles of Law Enforcment Agencies in the Satisfaction of Confiscation OrdersThe Joint Asset Recovery DatabaseVoluntary Satisfaction by the DefendantGeneral Living Expenses and Legal FeesEnforcement Receivers under POCAProcedure on Applications for the Appointment of Enforcement Receivers under POCAThe Powers of the Magistrates' CourtDelay in Taking Enforcement Action12. The Insolvent DefendantIntroductionThe Position under POCAInsolvency and Confiscation OrdersInteraction between Restraint and Insolvency Proceedings13. Civil Recovery: Property Freezing Orders and Interim ReceiversIntroductionOverview in Relation to Civil RecoveryProperty Freezing OrdersManagement Receiving OrdersInterim Recieving OrdersThe Legislative Steer and Third Party CreditorsThe Insolvent RespondentCompensation in IRO and PFO CasesLegal Expenses in Civil Recovery Proceedings14. Civil Recovery: Recovery Orders, the ECHR, and TaxationIntroductionRecovery OrdersSafeguards and Exemptions in Civil RecoveryThe Impact of the European Convention on Human Rights on Civil RecoveryPension SchemesCivil Recovery and Taxation15. The Seizure and Recovery of CashIntroductionThe Seizure and Forfeiture of CashPractice and ProcedureContinued Detention Hearings: PracticeApplications for Forfeiture of Detained CashThe HearingRules of EvidenceCosts and CompensationAppealsSearched and Seizure of CashCompatibility of the Forfeiture Provisions with the ECHRThe Control of Cash (Penalties) Regulations16. Third PartiesIntroductionRestraint OrdersConfiscation Orders and their EnforcementSpecific Third Party ClaimsConclusion17. InvestigationsIntroductionDefining InvestigationsCourts and Judges having Jurisdiction to Make OrdersProduction OrdersSearch and Seizue WarrantsJudicial DiscretionCustomer Information OrdersAccount Monitoring OrdersDisclosureStatements Made in Response to OrdersFinancial Reporting Orders under the Serious Organised Crime and Police Act 200518. AppealsIntroductionRestraint Order Appeals: Practice and ProcedureReceivership Order Appeals: Practice and ProcedureConfiscation Order Appeals: Practice and ProcedureThe Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003Appeal in connection with External Requests and Orders associated with Receivership OrdersAppeals against Orders for Cash Forfeiture or CondemnationAppeals under Part 6 of POCA: Revenue FunctionsThe Criminal Cases Review CommissionAppeals against Findings of Contempt of CourtThumbnail Guide to the Appeal Provisions within the Criminal Procedure Rules19. The Intenational ElementIntroductionCooperation under POCAEnforcement of POCA Confiscation Orders in Different Parts of the UKAssistance under the Crime (International Co-operation)aCT 2003 (CICA)International Cooperation20. Money LaunderingIntroductionMoney Laundering under the Proceeds of Crime Act 200221. Disclosure of Suspicious TransactionsIntroductionDisclosure of Suspicious Transactions under POCAProfessional Legal AdvisersSuspicious Activity Reports: 'SARs'Tipping Off22. Costs, Funding, and CompensationIntroductionThe Magistrates' Court and CostsThe Cown Court and CostsReceivership Costs and FeesCosts: High Court/Civil CasesLegal Expenses and Legal FundingCompensation23. Condemnation and RestorationIntroductionThe Condemnation and Forfeiture of GoodsDetention, Seizure, and CondemnationCondemnation: Practice and ProcedureCondemnation: Costs and CompensationCondemnation AppealsCondemnation in the High CourtCondemnation and the ECHRRed Diesel CasesDelivery UpRestorationRestoration: Practice and ProcedureRestoration AppealsRestoration: Costs and CompensationThe ECHR and Restoration24. Terrorism and the Proceeds of CrimeIntroductionTerrorism and the International DimensionThe UK Approach25. Civil Fraud before the Tax TribunalIntroductionPractice and ProcedureRelevant Enquiries and Practical IssuesAppendix 1: The Proceeds of Crime Act 2002: Sections 6-18 (as amended)Appendix 2: The Proceeds of Crime Act 2002: Sections 40-42 (as amended)Appendix 3: The Proceeds of Crime Act 2002: Sections 48-51 (as amended)Appendix 4: The Proceeds of Crime Act 2002: Section 69 (as amended)Appendix 5: The Proceeds of Crime Act 2002: Sections 294-303A (as amended)Appendix 6: The Proceeds of Crime Act 2002: Sections 327-329Appendix 7: The Proceeds of Crime Act 2002: Section 340Appendix 8: The Proceeds of Crime Act 2002: Schedule 6Appendix 9: Restraint OrderAppendix 10: Management Receivership OrderAppendix 11: Enforcement Receivership OrderAppendix 12: Variation of Restraint OrderAppendix 13: Certificate of InadequacyAppendix 14: Extract from Practice Direction on POCA: Parts 5 and 8 (Section III)Appendix 15: Extract from Practice Direction on POCA: Parts 5 and 8 (Section IV)Appendix 16: Interim Receiving Order under Section 246 of POCA 2002Appendix 17: Property Freezing OrderAppendix 18: Civil Recovery Order by ConsentAppendix 19: Financial Reporting OrderAppendix 20: Proceeds of Crime Litigation in Northern IrelandAppendix 21: Overview of Money Laundering

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