The Confiscation Manual
By James O'Hara, Kieran Vaughan, Tom Wainwright.
The Confiscation Manual provides a straightforward and complete but concise guide to confiscation which can be used across the spectrum of those confronted with applications for the recovery of the proceeds of crime, whether they be corporate entities or individuals. Practitioners need the clear and up-to-date guidance provided by this work to ensure the best results for their clients. Guides you through the stages of a confiscation hearing chronologically, supporting them from initial instruction, to counsel advising on the hearing to arguing the issues in court, and the creation of a Confiscation Order Encompasses the technical process around the Request for Information, the receipt of a s16 Statement of Information and s17 response, looking at criminal conduct, 'lifestyle' provisions, property valuation, apportionment, perceived fairness, and the Realisable Amount in relation to valuation, tainted gifts, third party interests and hidden assets. Offers guidance on the making of the Order, including time to pay, period in default and the schedule of assets, before dealing with satisfying the Order and enforcement. Considers the various outcomes following the imposition of a Confiscation Order, taking into account variations and appeals, cash forfeiture and civil recovery Can be used as a clear and concise reference across the spectrum of those confronted with Confiscation Orders, whether they be corporate entities or individuals Addresses the practical steps required from the defence position, aiding navigation through the complexities of the confiscation hearing in an informed and effective way Illustrative examples based on day-to-day practice feature throughout Includes flow charts of key processes illustrating the correct sequence of events, and checklists to be worked through when completing key forms or processes Features essential practice tips to provide expert guidance on complex issues
Restraint Orders; Issues Arising at Trial; Section 18 Request for Information and Response; Section 16 Statement of Information and section 17 Response; Expert Evidence; Confiscation Hearing; Making the Order; Satisfying the Order and Enforcement; Variation; Appeals; Civil Proceedings.