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The legal basis for restraint orders in England & Wales currently is sections 40 - 47 [1] of the Proceeds of Crime Act 2002. In England & Wales a restraint order under PoCA 2002 would be made in the Crown Court. Restraint orders in other parts of the UK are based on other sections of PoCA 2002 and made in the appropriate court in each jurisdiction.
Text of the Proceeds of Crime Act 2002 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. The Proceeds of Crime Act 2002 (c. 29) (POCA) is an act of the Parliament of the United Kingdom which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money ...
This order was made in terms of section 26 of the Prevention of Organised Crime Act, 1998 (POCA), which authorised the High Court to issue a restraint order prohibiting a person who has or will be charged with an offence under POCA from dealing in any manner with any property subject to the restraint order.
It was established under the Proceeds of Crime Act 2002 (POCA) to reduce crime by confiscating the proceeds of any crime. It was granted a new power of civil recovery through the High Court , and could also take over the powers of the HM Revenue and Customs (HMRC) to levy tax without identifying a source for taxed income.
ORDER Counsel for the government has asked the Court for guidance on issues to be addressed at the hearing to be held on March 28, 2013. Doc. 979. The parties should be prepared to address issues they deem most relevant, but the Court identifies the following for discussion as well. 1.
The court can order an offender to be deprived of property he has used to commit an offence. [82] A person convicted of a drink-driving offence can be deprived of their vehicle. [83] The Proceeds of Crime Act 2002 also gives courts wide-ranging powers to confiscate assets following conviction.
Four people have been arrested over an alleged plot to murder a man, as Greater Manchester Police (GMP) continued its crackdown on weapons. The victim was shot in the leg in Woodlands Road ...
Read Order Read article ; March 6, 2017 Protecting The Nation From Foreign Terrorist Entry Into The United States. A walked-back version of previous immigration order removes Iraq from the list of banned countries, only applies to non-visa holders, and removes exceptions for religious minorities. Read Order Read article ; February 28, 2017