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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 to ensuring 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 Waya
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, 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.
- Sales Rank: #4652510 in Books
- Published on: 2013-12-01
- Original language: English
- Number of items: 1
- Dimensions: 7.00" h x 2.00" w x 9.80" l, 3.50 pounds
- Binding: Hardcover
- 832 pages
Review
Review from previous edition: "...by far the best book on the subject" --Henry Milner, Solicitor and Partner, Henry Milner and Co
"...an essential and invaluable text..." --Criminal Bar Association News
"not only an invaluable introduction to the area, but also a continued source of practical assistance" --New Law Journal
"...simply indispensable to anyone concerned with the criminal law" --Justice of the Peace
"absolute gem of a book for those whose practice involves the Proceeds of Crime Act 2002 in any way, written by authors with extensive experience in the field." --The Law Society, Gatekeeper Newsletter 8/6/2007
"a welcome balance between...the need to provide step-by-step practical guidance to practitioners and their desire to explain and comment on the context of, and the impetus for, legislative change." --Robert Amaee, Law Society Gazette 18/02/2011
"A great legal 'help mate' to judge and lawyer alike." --Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers
About the Author
Judge Mark Sutherland Williams, Judge of the First-Tier Tribunal
His Honour Judge Michael Hopmeier, Circuit Judge, South Eastern Circuit
Rupert Jones, Barrister, The Chambers of David Fisher QC and David Perry QC, 6KBW College Hill
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 based at Kingston Crown Court. He was previously a barrister at Hardwicke Chambers and, during a 30 year career at the Bar, undertook many high-profile fraud cases, both prosecuting and defending.
Rupert Jones is a barrister at the Chambers of David Fisher QC and David Perry QC. He was called to the Bar in 2000 and specializes in the field of asset forfeiture and proceeds of crime.
Most helpful customer reviews
1 of 1 people found the following review helpful.
The essential and indispensable reference....
By Phillip Taylor MBE
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FOR PROCEEDS OF CRIME PRACTITIONERS
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
To the cynical, the old adage that `crime doesn't pay' is a bit of a fiction. In times of recession especially, there are plenty of criminals, white collar and otherwise, who, with varying degrees of desperation break the law, violently or surreptitiously, in order to enrich themselves at the expense of others. Not surprisingly, legislation aimed at confiscation or recovery of the proceeds of crime is something the public would like to see more of.
Quoted in the preface of this authoritative work of reference from the Oxford University Press, Baroness Scotland QC has stressed the importance not only of the `stripping of ill-gotten gains from the criminal classes', but also that the recovered funds should be `utilised and invested back into law enforcement, schools, hospitals and other worthy causes'... thus ensuring that the role of the proceeds of crime practitioner is reinforced, now and in the future.
The authors express concern, however, that `since the introduction of the Proceeds of Crime Act in 2002 (POCA) there does not appear to have been a marked improvement or breakthrough in terms of recovery, in fact, the opposite.' Comparing the true proceeds of crime figures being channeled through the UK economy', they note that the amounts actually recovered (�161m in 2010-11 for example) are paltry by comparison.
Despite weaknesses and shortcomings, however, the fight against acquisitive crime continues apace. Serious Fraud Office Director David Green, writing in the Foreword, states that he has made the recovery of the proceeds of crime a top priority for the SFO. `The basic principle behind POCA -- that crime should not pay -- needs to be at the forefront of all investigations and prosecutions' he says `whether the individual is a burglar, a drug dealer, a money launderer, or a sophisticated fraudster.'
Statements like these are of course reassuring, both for the public and for practitioners, as well as the judiciary. And in the armoury of weaponry against crime, this book, now in this new fourth edition, is a really big gun. Heading a team of at least ten contributors, the learned authors offer their extensive expertise in what is an extremely complex area of law. Mark Sutherland Williams refers to his co-editor Michael Hopmeier as `the judge that teaches judges' about this area of the law. And Rupert Jones is described as `one of the leading asset forfeiture practitioners at the Bar.' This distinguished edition, however, has been launched with considerable sadness following the untimely death of Trevor Millington, who for twenty-five years played a pivotal role in the development of proceeds of crime law. This edition is therefore dedicated to his memory.
Covering the full spectrum of issues relating to the recovery and confiscation of the proceeds of crime, from restraint orders to enforcement and restoration, the book provides valuable research resources, including extensive tables of legislation, European legislation and international treaties and conventions, plus no less than twenty-one appendices. To aid navigation for the busy practitioner, there are numbered paragraphs throughout, a detailed table of contents and a twenty-five page index at the back.
As a clear statement of the current legislation pertaining to the confiscation and restraint of the proceeds of crime, this book is an invaluable aid to all who practice in this difficult area. The publication date is cited as at May 2013.
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