This new Blackstone's Guide provides an expert, comprehensive guide to the Serious Crime Act 2007, together with the full text of the legislation. It clearly explains the new offences and powers created by the Act - notably, super-asbos - and explore the implications of the new law on practice. The narrative highlights the radical changes to the law which are being introduced, particularly the likely tensions with civil liberties and human rights law.
This new Blackstone's Guide provides an expert, comprehensive guide to the Serious Crime Act 2007, together with the full text of the legislation. It clearly explains the new offences and powers created by the Act - notably, super-asbos - and explore the implications of the new law on practice. The narrative highlights the radical changes to the law which are being introduced, particularly the likely tensions with civil liberties and human rights law.
An independent practising Barrister (advocate) for over 25 years, specialising in drug trafficking offences, fraud in all its forms (including internet fraud and software piracy), money-laundering, and asset-recovery. He is a member of the Criminal Bar Association, and the Forensic Science Society. Rudi Fortson has written and lectured extensively on many criminal-law matters in relation to the law of England, and in relation to the law of the European Union. Principal subjects include drug-law, asset-recovery, money-laundering, human-rights law, and topical EU issues.
Inhaltsangabe
* 1: Introduction * Progress of the Serious Crime Bill in Parliament * 'Serious Crime' or Just 'Crime'? * Serious Crime Prevention Orders * Encouraging and Assistant Crime * Data Sharing and Data Matching * The Demise of the Assets Recovery Agency * Detained Cash Investigations * Receivers * Extension of Investigatory Powers of Revenue and Customs * Stop and Search Amendment (s 87, SCA 2007) * 2: Serious Crime Prevention Orders - General Matters * General Matters * Matters Common to the High Court and the Crown Court * 3: Serious Crime Prevention Orders: Jurisdiction of the High Court * Overview * 'Has Been Involved in Serious Crime' * Conditions that May be Attached to an SCPO * Duration of Orders * Variation of an SCPO (s 17) * Discharge of an SCPO (s 18) * 4: Serious Crime Prevention Orders: Jurisdiction of the Crown Court * Introduction * Making an SCPO - Requirements (s 19) * Attaching Terms to an SCPO * Variation of an SCPO in the Crown Court * 5: Serious Crime Prevention Orders: Appeals and Enforcement * Appeals * Offence of Failing to Comply with an SCPO (s 25) * Powers of Forfeiture for Failing to Comply (s 26) * The Power to Wind Up Companies (s 27) * 6: Encouraging and Participating in Crime: Overview and Fundamental Principles * Overview * Categories of Persons Who are Parties to a Crime * The Case for Inchoate Liability: The Anticipated Offence is Not Committed * External Elements of an Offence * Terms and Concepts for the Purposes of Part 2 of the SCA 2007 * The Inchoate Offences: Elements and Defences * Categories of Anticipated Offences Susceptible to Part 2 of the SCA 2007 * The Mental Element and s 47 * Alternative Verdicts and Guilty Pleas (s 57) * Defences, Protections, and Limitations * Instituting Proceedings * Jurisdiction * Further Reform: Anticipated Offences Committed by the Principal (Law Com No 305) * 7: Data Sharing and Data Matching: Trends and Issues * Electronic Data Processing * Definitions and Concepts for the Purposes of Chapter 1, Part 3, of the SCA 2007 * Data Sharing under Chapter 1 of the SCA 2007 * Data Matching * Safeguards * Offence of Disclosing 'Protected Information' (s 69, SCA 2007) * 8: The Demise of the Assets Recovery Agency * Introduction * Transfer of ARA's Functions to Other Agencies * Consequential Amendments * What Went Wrong? * The Asset Recovery Action Plan * 9: 'Cash Forfeiture' in Civil Proceedings * Introduction * Defects in the Cash Forfeiture Regime under Part II of the DTA 1994 * The Changes Made by the POCA 2002 to the Cash Forfeiture Regime * Weaknesses in the POCA 2002, Re Cash Forfeiture * Seizure and Forfeiture of Cash - Summary Proceedings * The Civil Nature of Forfeiture Proceedings * Standard of Proof * Detained Cash Investigations * 10: Accredited Financial Investigators * What is an 'Accredited Financial Investigator'? * Accreditation and Functions of an AFI * Extending the Powers of an AFI under the SCA 2007 * New Offences Relating to an AFI * 11: Powers Relating to Receivers Appointed Under the POCA 2002 * Management Receivers and Enforcement Receivers * Management Receivers in Civil Recovery Proceedings * 12: Extension of Investigatory Powers of HM Revenue and Customs * Amendments to Various Enactments and their Effects * 13: Stop and Search Amendment (s 87, SCA 2007) * APPENDICES * Appendix 1: Serious Crime Act 2007
* 1: Introduction * Progress of the Serious Crime Bill in Parliament * 'Serious Crime' or Just 'Crime'? * Serious Crime Prevention Orders * Encouraging and Assistant Crime * Data Sharing and Data Matching * The Demise of the Assets Recovery Agency * Detained Cash Investigations * Receivers * Extension of Investigatory Powers of Revenue and Customs * Stop and Search Amendment (s 87, SCA 2007) * 2: Serious Crime Prevention Orders - General Matters * General Matters * Matters Common to the High Court and the Crown Court * 3: Serious Crime Prevention Orders: Jurisdiction of the High Court * Overview * 'Has Been Involved in Serious Crime' * Conditions that May be Attached to an SCPO * Duration of Orders * Variation of an SCPO (s 17) * Discharge of an SCPO (s 18) * 4: Serious Crime Prevention Orders: Jurisdiction of the Crown Court * Introduction * Making an SCPO - Requirements (s 19) * Attaching Terms to an SCPO * Variation of an SCPO in the Crown Court * 5: Serious Crime Prevention Orders: Appeals and Enforcement * Appeals * Offence of Failing to Comply with an SCPO (s 25) * Powers of Forfeiture for Failing to Comply (s 26) * The Power to Wind Up Companies (s 27) * 6: Encouraging and Participating in Crime: Overview and Fundamental Principles * Overview * Categories of Persons Who are Parties to a Crime * The Case for Inchoate Liability: The Anticipated Offence is Not Committed * External Elements of an Offence * Terms and Concepts for the Purposes of Part 2 of the SCA 2007 * The Inchoate Offences: Elements and Defences * Categories of Anticipated Offences Susceptible to Part 2 of the SCA 2007 * The Mental Element and s 47 * Alternative Verdicts and Guilty Pleas (s 57) * Defences, Protections, and Limitations * Instituting Proceedings * Jurisdiction * Further Reform: Anticipated Offences Committed by the Principal (Law Com No 305) * 7: Data Sharing and Data Matching: Trends and Issues * Electronic Data Processing * Definitions and Concepts for the Purposes of Chapter 1, Part 3, of the SCA 2007 * Data Sharing under Chapter 1 of the SCA 2007 * Data Matching * Safeguards * Offence of Disclosing 'Protected Information' (s 69, SCA 2007) * 8: The Demise of the Assets Recovery Agency * Introduction * Transfer of ARA's Functions to Other Agencies * Consequential Amendments * What Went Wrong? * The Asset Recovery Action Plan * 9: 'Cash Forfeiture' in Civil Proceedings * Introduction * Defects in the Cash Forfeiture Regime under Part II of the DTA 1994 * The Changes Made by the POCA 2002 to the Cash Forfeiture Regime * Weaknesses in the POCA 2002, Re Cash Forfeiture * Seizure and Forfeiture of Cash - Summary Proceedings * The Civil Nature of Forfeiture Proceedings * Standard of Proof * Detained Cash Investigations * 10: Accredited Financial Investigators * What is an 'Accredited Financial Investigator'? * Accreditation and Functions of an AFI * Extending the Powers of an AFI under the SCA 2007 * New Offences Relating to an AFI * 11: Powers Relating to Receivers Appointed Under the POCA 2002 * Management Receivers and Enforcement Receivers * Management Receivers in Civil Recovery Proceedings * 12: Extension of Investigatory Powers of HM Revenue and Customs * Amendments to Various Enactments and their Effects * 13: Stop and Search Amendment (s 87, SCA 2007) * APPENDICES * Appendix 1: Serious Crime Act 2007
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