Confiscation Law Handbook
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Confiscation Law Handbook

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Description

Confiscation Law Handbook, Second Edition provides practitioners with a practical, user-friendly guide to this complex area of law. The clear analysis of legislation and proliferating case law allows principles to be quickly identified and understood. A stage by stage explanation of the procedural requirements ensures that required forms and responses are completed well and within time limits.

Since the first edition, there have been a number of significant developments, most notably in case law at Supreme Court level which has had a profound impact on the calculation of benefit and the need to achieve proportionality and compliance with the Human Rights Act. There have also been cases, again at Supreme Court level, on apportionment and double recovery.

Cases covered in the second edition include:
Criminal confiscation
Supreme Court case of R v Waya (2012) which has a profound impact on the calculation of benefit and the need to achieve proportionality and compliance with the Human Rights Act 1988 and Article 1 of the First Protocol of the European Convention.
Supreme Court case of R v Ahmad and Field (2014), a crucial case on apportionment and double recovery.
Court of Appeal case of Shakeel Ahmed (2012) the CA largest ever confiscation order overturned.
Civil recovery
Perry v Serious Organised Crime Agency (2012) implications to extra territorial jurisdiction of the Part V powers.
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Product details

  • Paperback | 432 pages
  • 156 x 234mm | 367.41g
  • Bloomsbury Professional
  • London, United Kingdom
  • English
  • Revised
  • 2nd Revised edition
  • 1784514233
  • 9781784514235

Table of contents

1. A brief history of confiscation law
2. Basic principles confiscation law
3. Restraint
4. Practice and procedure
5. Cash seizures
6. Enforcement, reconsideration of orders and appeals and the dead, absconded and insolvent
7. Case law
8. Civil recovery
9. Third party interests
Appendices
- Proceeds of Crime Act 2002
- Criminal Procedure Rules 2010
- Magistrates' Court (Detention and Forfeiture of Cash) Rules 2002
- AG guidance to prosecuting bodies on their asset recovery powers and POCA 2002
- Guidance for Prosecutors on the Discretion to Instigate Confiscation Proceedings
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Review quote

This is an invaluable legal resource and one that should be treated with respect for the knowledge it imparts to the reader -- (Review of the 1st Edition) * Insidetime * It is extremely refreshing to find a text like Confiscation Law Handbook to be so well written. It is clear, engaging and concise... for anyone involved in confiscation law, whether they be barristers, solicitors or lawyers, or even personnel or the police, this first edition is an excellent and practical guide to this fast-moving area of law -- (Review of 1st Edition) * Student Law Jourrnal * Apart from collating, describing and analysing the relevant material, the book is peppered with practical tips which will be helpful to practitioners coming to grips with this area...This book is designed to appeal to its target audience, the busy practitioner who would value information in one easy-to-use source. Thus, having the legislation, the relevant cases and the prosecution's guidelines along with commentary and practical tips hits the spot in this regard -- (Review of the 1st Edition) * Commonwealth Law Bulletin *
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About Adrian Eissa

Adrian Eissa QC is a leading specialist in confiscation work.
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