Podcast Location:
Download it here [file size: 22.2 MB]
Categories:
Criminal 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 CPDcast aims to provide an overview of Civil Recovery Orders including the procedure that surrounds them and caselaw that has involved them.

Outcomes:
After completing the course you will:
  • Know when the Asset Recovery Agency was created and why it was abolished;
  • Understand what a Civil Recovery Order is;
  • Know what the test is for granting a Civil Recovery Order;
  • Understand what is meant by the phrase 'unlawful conduct';
  • Know what happened in the case of ASA v Green & Ors;
  • Know what is meant by the phrase 'associated property';
  • Appreciate how enforcement agencies trace where money has been or is going;
  • Understand the rules surrounding innocent third parties;
  • Appreciate the influence of the ECHR in this area;
  • Understand the procedure involved in civil recovery orders;
  • Appreciate the funding issues in this area;
  • Understand the time limits for such a claim;
  • Know what defences are available in civil recovery proceedings;
  • Know the ruling in the case of SOCA v Pelekanos.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Practical Guide
Procedural
Sources and References:
  • Serious Crime Act 2007;
  • Asset Recovery Agency v Green & Ors [2005] EWHC (Admin) 3168;
  • Walsh v ARA [2005] NICA (26/01/05);
  • Phillips v UK (41087/98) [2001] Crim LR 817;
  • Serious Organised Crime and Police Act 2005;
  • CPR Part 8;
  • POCA 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005;
  • Limitation Act 1980;
  • ARA v Szepietowski [2007] EWCA 766;
  • Police and Crime Bill 2009;
  • Serious and Organised Crime Agency v Pelekanos [2009] EWHC 2307 (QB);
  • SOCA v Gale & Ors [2009] EWHC 1015 QB.

In this CPDcast Jonathan Lennon, a barrister at 23 Essex Street, discusses Civil Recovery Orders and the procedure that surrounds them. Jonathan also examines the key definitions that stem from these orders and recent cases that have implemented the provisions. The podcast also discusses the recent judgment in the case of Serious and Organised Crime Agency v Pelekanos.

Podcast last reviewed: 2012-01-30

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