Podcast Location:
Download it here [file size: 36.2 MB]
Categories:
Corporate & Commercial Law
Human Rights, Civil Liberties & Public Law
Fraud, Financial Crime & Anti-Money Laundering
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at practitioners interested in fraud and financial and commercial crime. It aims to explore the relationship between the civil asset recovery powers contained in POCA 2002 and findings of criminal wrongdoing, when the court will make such an order and the effect of a civil recovery order once made.

Outcomes:
After completing the course you will:
  • Understand the relationship between the mechanics of the civil recovery scheme and the criminal justice system;
  • Know what procedural safeguards exist to control the use of civil recovery powers;
  • Know what happens to property sequested by the state under civil recovery orders;
  • Understand the issues that arise from the characterisation of civil recovery proceedings as ‘civil’ rather than ‘criminal’ in nature;
  • Know in what circumstances the court can make a civil recovery order;
  • Be able to identify ‘recoverable property’;
  • Know in what circumstances property will not be recoverable property;
  • Understand who bears the burden and standard of proof required in civil recovery proceedings;
  • Understand the extent to which it is possible to trace property subject to an order into the hands of a third party;
  • Know what happens if the ‘tainted’ property becomes mixed with property not subject to a civil recovery order;
  • Know the extent to which the English courts will permit a foreign enforcement authority to use the civil recovery powers in this country;
  • Understand the issues surrounding enforcement of civil recovery orders in foreign jurisdictions.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Proceeds of Crime Act 2002;
  • Gale v Serious Organised Crime Agency [2011] UKSC 49.
Tags:

This podcast discusses the civil asset recovery powers contained in POCA 2002, their relationship to a of criminal wrongdoing and the extent to which such an order can be made over ‘recoverable property’.

Podcast added: 12/07/12

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