Show simple item record

dc.contributor.authorGiles, Amy
dc.date.accessioned2017-03-28T14:40:30Z
dc.date.accessioned2017-04-11T11:27:00Z
dc.date.available2017-03-28T14:40:30Z
dc.date.available2017-04-11T11:27:00Z
dc.date.issued2013
dc.identifier.citation

Giles, A. (2013) 'The Assessment of Benefit Under Part 2 of the Proceeds Of Crime Act 2002: A Sledgehammer to Crack a Nut?', Plymouth Law and Criminal Justice Review, 5, pp. 85-109. Available at: https://pearl.plymouth.ac.uk/handle/10026.1/8991

en_US
dc.identifier.issn2054-149X
dc.identifier.urihttp://hdl.handle.net/10026.1/8991
dc.description.abstract

This article provides an analysis of the application of Part 2 of the Proceeds of Crime Act 2002 which provides for the making of confiscation orders following conviction in criminal cases. It examines the policy reasons behind the Act and traces the legislative development which commenced following the House of Lords ruling in R v Cuthbertson and Others that it had no jurisdiction to make an order for the defendants involved in, at the time, the biggest drug ring in the United Kingdom to forfeit their proceeds. This article considers the defendant’s ‘benefit’ from crime which may be assessed at a much higher amount than that which has passed through his hands. It focuses on three problem areas: cases involving joint defendants, the operation of statutory ‘assumptions’, and the discretion afforded to the court in confiscation proceedings.

en_US
dc.language.isoenen_US
dc.publisherUniversity of Plymouth
dc.rightsAttribution 4.0 International (CC BY 4.0)*
dc.rights.urihttps://creativecommons.org/licenses/by/4.0/*
dc.subjectBenefit from criminal conducten_US
dc.subjectConfiscation ordersen_US
dc.subjectProportionalityen_US
dc.titleThe Assessment of Benefit Under Part 2 of the Proceeds Of Crime Act 2002: A Sledgehammer to Crack a Nut?en_US
dc.typeArticleen_US
dc.typeArticle
plymouth.volume5
plymouth.journalThe Plymouth Law & Criminal Justice Review


Files in this item

Thumbnail
Thumbnail

This item appears in the following Collection(s)

Show simple item record

Attribution 4.0 International (CC BY 4.0)
Except where otherwise noted, this item's license is described as Attribution 4.0 International (CC BY 4.0)

All items in PEARL are protected by copyright law.
Author manuscripts deposited to comply with open access mandates are made available in accordance with publisher policies. Please cite only the published version using the details provided on the item record or document. In the absence of an open licence (e.g. Creative Commons), permissions for further reuse of content should be sought from the publisher or author.
Theme by 
Atmire NV