The Proceeds of Crime, 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 the release of restrained funds to meet legal expenses following the decisions of the Court of Appeal in Briggs-Price v RCPO and the rights of innocent spouses in the matrimonial home in Gibson v RCPO. It also covers changes in regulation and enforcement including an examination of the future of civil recovery following the abolition of the Assets Recovery Agency and the transfer of its power to the Serious Organized Crime Agency. The 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.

The proceeds of crime field continues to be one of the fastest moving areas of the law within the criminal justice system. New cases are reported on a weekly, sometimes daily, basis as well as frequently in the major law reports. Millington and Sutherland Williams on the Proceeds of Crime offers an extensive, authorative examination of proceeds of crime and confiscation legislation. It provides an easily navigable step-by-step approach that considers how the legislation is geared to ensuring that criminals do not benefit from their crimes financially, as well as detailed coverage of every stage of the confiscation process. The newest edition has been fully updated to include all important legislative changes since the publication of the fifth edition. A chapter dedicated to sanctions has been added, the impact of crypto currencies is examined, analysis is provided of Law Commission reports on Supicious Activity Reports and the Proceeds of Crime Act (POCA), and there is a new chapter focusing on part six of POCA. Previous editions have been recognised by governments, both national and international, for their focus on the importance of asset recovery as a vital weapon in the fight against organised crime and corruption. Millington and Sutherland Williams on The Proceeds of Crime is used in the Academy of European Law (ERA) as well as the libraries of the Chief Justices of Jamaica, Barbados, and Papua New Guinea. The book serves as an international guide, assisting barristers, solicitors, practitioners, and academics in navigating this often-complex area of the law.

Millington and Sutherland Williams on The Proceeds of Crime provides a definitive guide to the law concerning the recovery of the proceeds of crime in England and Wales.

Millington and Sutherland Williams on The Proceeds of Crime provides a definitive guide to the law concerning the recovery of the proceeds of crime in England and Wales.

This is a comprehensive and practical step-by-step manual on the law relating to restraint, receivership, confiscation, and money laundering. The book includes detailed coverage of the Criminal Justice Act 1988, the Drug Trafficking Act 1994, and the Proceeds of Crime Act 2002 which extendsthe law surrounding asset forfeiture to cover all criminal activity. It also contains commentary and guidance on all the processes involved with particular emphasis on court procedures, precedents, and legislative extracts. An essential reference for both defending and prosecuting criminal lawyers,it will also be important to banking, insolvency, and family lawyers.

The fight against dirty money is not a new topic, nor a recent problem. It has existed within international and national agendas since the 1980s. Nonetheless, the evolving complexity of criminal skills and networks; the increasingly global dimension of crime; the financial crisis; and the alleged unsatisfactory results of the efforts hitherto undertaken cause us to re-pose and re-discuss some questions. This book addresses several issues concerning the reasons, objectives and scope of national and supranational strategies targeting criminal money, as well as the concrete modalities to overcome its obstacles. The main objective is to explore where the EU stands and where it ought to go, providing useful input for policy-makers and further research. Nevertheless, the problems are not limited to the EU area, and assets – particularly money – cross EU borders much more easily than people do. The reflections developed in the chapters, therefore, aim at going beyond these EU borders. The book is divided into two parts. The first one focuses on the core of asset recovery policies, namely confiscation or forfeiture laws, and explores in particular some issues concerning the respect of fundamental rights. The second part addresses other problematic aspects related to the asset recovery process, such as the return of assets to victim countries, the cross-border investigations on dirty money, and the social use of confiscated assets.

For more than a decade, broad and vaguely defined new offences have been enacted in many areas of the criminal law, such as terrorism, money-laundering, fraud, sex offences and anti-social behavior. These have expanded police powers and prosecutorial discretion with little regard for the rule of law. Most theorists have explained the gap between legislative policy and the liberal principles of criminal law theory as the result of 'penal populism': politicians have sacrificed sound normative principles in an opportunistic appeal to an angry and fearful electorate. The Insecurity State, by contrast, argues that this so-called 'populism' in the criminal law can claim some normative principles of its own. It identifies these principles through an analysis of the iconic anti-social behaviour order (ASBO), the flagship of recent British criminal justice policy. Demonstrating that the controversial orders impose a liability on those who fail to reassure others about their future security, he traces the justification of this liability through the conditional character of citizenship in New Labour policy to an underlying concept of 'vulnerable autonomy' that the ASBO serves to protect. The book argues that the vulnerability of individual autonomy is an idea deeply embedded in the political theories that have most influenced British and American political life in recent decades. He shows that the ASBO is the archetype of a wide range of other recently enacted criminal offences in the UK and USA that are justified by the same normative structure. Finally it investigates the paradoxical implications of institutionalising the vulnerability of citizens in the terms of the substantive criminal law. In so doing, the book identifies a weakening of political authority at the heart of contemporary security laws.