Blackstone's Guide to the Proceeds of Crime Act 2002

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OUP Oxford, Jul 21, 2011 - Law - 592 pages
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The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Proceeds of Crime Act 2002 (POCA) came into force in February 2003, introducing a new anti-money laundering regime. It created the Asset Recovery Agency; introduced wide new powers in relation to the confiscation of criminal property; as well as new civil recovery and enforcement powers. The fourth edition of this popular Blackstone's Guide provides a clear and accessible exploration of POCA. The book has been completely updated to include all recent developments, notably: the Criminal Procedure Rules 2010; the Policing and Crime Act 2009; the UK Borders Act 2007; and Statutory Instruments extending the powers of financial investigators and powers of cash searches and seizure. It also includes extensive coverage of recent relevant case law, including three House of Lords decisions redefining the meaning of 'obtaining' property (May, Jennings, Green). It includes the full updated text of POCA 2002, plus other essential materials.

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By Edward Rees QC, Richard Fisher & Richard Thomas
Oxford University Press
ISBN: 978 0 19 960173 8
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
If you’re a practitioner involved in any way in issues relating to the proceeds of crime, this latest Blackstone’s Guide from the OUP is the cost effective way update yourself on the scope, effects and extent of the Proceeds of Crime Act 2002.
The Guide contains a copy of the Act, which in the considered opinion of the authors, does contain ‘obscurantist statutory language and revolutionary concepts…sometimes difficult to understand.’ ‘It may not be possible to go round the Act,’ they add somewhat ruefully, (but) ‘it is hoped that the Guide will at least provide a clear and practical route map through it.’
And indeed a route map is exactly what this exemplary guide provides. Very much in the tradition of the Blackstone’s Guide Series, the authors, with the assistance of the OUP, cover the latest developments and amendments to the POCA since it came into force in February 2003. Not only is it ideal for the ‘embattled practitioner,’ it is also a clear, concise introduction to those who are new to this complex area of law, as well as those who, in the words of the authors, must ‘confront the Act head on in their daily professional lives. If you find yourself in any of these categories, you need this book.
Confronting the POCA ‘head on’ is not exactly an undaunting task. Its influence and scope are immense, covering everything from stolen cash to money laundering, criminal confiscation and restraint proceedings and the compliance procedures of large companies, as well as, for example, civil recovery of the proceeds of unlawful conduct.
Thankfully, the Guide is easy to use. Each of the logically laid out chapters begins with an overview and a detailed twenty-three page index provides quick access to the information you want. The four appendices include: the POCA as amended…the Criminal Procedure Rules 2010 (Parts 56-62 and 71-73)…The Money Laundering Regulations 2007 as amended…and the Practice Direction -- Civil Recovery Proceedings. There are extensive tables of cases and legislation to aid further research.
Within its more than 550 pages, this convenient Guide provides all you need in one compact resource. The law is stated, as the expert authors believe it to be, at 11th March 2011.

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About the author (2011)

Edward Rees QC is an experienced specialist asset recovery and fraud practitioner at Doughty Street Chambers (UK). He is a member of the Law Commission Advisory Panel and Honorary Fellow in Criminal Process at Kent University.

Richard Fisher is a barrister at Doughty Street Chambers (UK) specializing in cases involving fraud, money laundering, and asset recovery. He appears as a leading junior and advises in relation to matters where the Proceeds of Crime Act 2002 is engaged, including the seizure, detention and forfeiture of cash, the duties imposed on those in the regulated sector, and restraint, confiscation, and civil recovery issues.

Richard Thomas is a criminal barrister at Doughty Street Chambers. As a trial advocate, he has been instructed in cases of fraud and money laundering, and as a led junior he has appeared for the defense in cases of substantial multi-million pound banking frauds. In the field of the proceeds of crime and asset forfeiture, Richard has wide experience, both of proceedings connected to criminal prosecutions, but also in stand alone civil forfeiture applications.

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