Podcast Location:
Download it here [file size: 21.5 MB]
Categories:
Criminal Law
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 aims to inform the listener of exactly what a restraint order is, and how it works in operation. It aims to give the listener advice on how to deal with restraint orders in practice. Further, it attempts to ensure the listener is up to date with all of the relevant case-law on restraint orders.

Outcomes:
After completing the course you will:
  • Understand how a restraint order operates under the Proceeds of Crime Act 2002;
  • Be aware of the procedures involved in dealing with restraint orders;
  • Be up to date with all of the relevant case-law on restraint orders;
  • Understand what assets may fall within a restraint order, and where assets being used to pay for legal expenses fall within this.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Introduction
Legal Principles
Procedural
Sources and References:
  • Proceeds of Crime Act 2002;
  • Drug Trafficking Act 1994;
  • Criminal Justice Act 1988;
  • Human Rights Act 1998;
  • Criminal Procedure Rules;
  • Proceeds of Crime Act 2002 (Commencement No 5, Transitional Provisions, Savings and Amendment) Order 2003, SI 2003/3333, as amended by SI 2003/531;
  • Revenue and Customs Prosecutions Office v Hill and others [2005] EWCA Crim 3271;
  • In re S (Restraint order) (2004) Times, 8 October;
  • King v Director of Serious Fraud Office [2009] UKHL 17;
  • R v M [2008] EWCA Crim 1901;
  • Irwin Mitchell (a firm) v Revenue and Customs Prosecutions Office [2008] EWCA Crim 1741;
  • Crown Prosecution Service v Jennings [2008] UKHL 29;
  • R v B [2008] EWCA Crim 1374;
  • R v Adewunmi [2008] EWCA Crim 71;
  • R v AP; R v U Ltd [2007] EWCA Crim 3128.

This podcast considers the operation of restraint orders, and the statutory framework which governs them. It details the procedure for making an application for a restraint order, and for making an application to vary or discharge a restraint order. It also includes an explanation of what assets may fall within an order of this kind.

Podcast added: 01/07/09

Podcast last reviewed: 2011-08-30

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