دانلود کتاب A Practitioner’s Guide to Ancillary Orders in Criminal Courts

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Foreword\nPreface\nTable of Statutes\nTable of Statutory Instruments\nTable of Cases\nList of Abbreviations\nIntroduction\nPart 1: Orders on conviction\n 1 Forfeiture I – General Powers\n Deprivation of property\n Vehicles\n Procedure\n Interaction with other orders\n Application of proceeds of forfeited property\n Recovery of property\n PCC(S)A 2000, s 14\n Police Property Act 1897, s 1\n 2 Forfeiture II – Drugs, Terrorism and Weapons\n Drugs\n Qualifying offences\n Basis for making order\n Psychoactive substances (on application) – Psychoactive Substances Act 2016, s 51\n Psychoactive substances (on conviction) – Psychoactive Substances Act 2016, s 54\n Firearms\n Pre-conditions for making an order\n Offensive weapons\n Terrorism\n Terrorism Act 2000, s 23\n Terrorism Act 2000, s 23A\n Matters generally applicable to ss 23 and 23A\n Terrorism Act 2000, s 120A\n Terrorism Act 2006, s 7\n Terrorism Act 2006, s 11A\n Crossbows Act 1987, s 6\n 3 Forfeiture III – Miscellaneous Powers\n Marketing material for knives\n Section 1 offence – forfeiture power under s 6(1)\n Section 2 offence – forfeiture power under s 6(2)\n General\n Written materials or recordings related to hate crimes\n Public Order Act 1968, s 25\n Public Order Act 1968, s 29I\n Obscene publications\n Power without conviction\n Power on conviction\n Children and Young Persons (Harmful Publications) Act 1955, s 3\n Forgery and Counterfeiting Act 1981, s 24\n Goods, materials or articles breaching consumer protection legislation – Trade Marks Act 1994\n Items infringing copyright – Copyright, Designs and Patents Act 1988\n Vehicle, ship or aircraft used for modern slavery\n Unlawful profit from unlawful subletting\n Cultural Property (Armed Conflicts) Act 2017, s 18\n Animal welfare offences\n Section 33 – deprivation\n Section 34 – disqualification\n Section 35 – seizure following disqualification\n Sections 37 and 38 – destruction\n Section 39 – reimbursement of expenses where animal involved in fighting offence\n Section 40 – forfeiture of equipment\n Vehicles – Environmental Protection Act 1990, s 33C\n Health and Safety at Work etc Act 1974, s 42\n Any item involved in breach of a serious crime prevention order\n Forfeiture on customs and excise bases\n Goods improperly imported – CEMA 1979, s 49\n Vehicles used in connection with goods liable to forfeiture – CEMA 1979, s 141\n Ships – CEMA 1979, ss 88–91\n Special provisions for large ships – CEMA 1979, ss 142 and 143\n Goods on which excise duty evaded – CEMA 1979, s 170B\n For breach of certain customs or excise conditions – CEMA 1979, s 124\n Forfeiture of spirits – CEMA 1979, s 140\n 4 Compensation Orders\n Amount\n Means to pay?\n Time to pay?\n Collection orders\n Causation\n Types of compensation\n General\n Damage to stolen property\n Compensation and motor vehicles\n Compensation for death\n Compensation for personal injury\n Compensation orders and young offenders\n Compensation, serious fraud and deferred prosecution agreements\n Interest\n Effect of appeal\n Variation or discharge\n Competing claims\n 5 Restitution Orders\n Appeal\n 6 Driving Disqualification I\n Powers of Criminal Courts (Sentencing) Act 2000, s 146\n Powers of Criminal Courts (Sentencing) Act 2000, s 147\n Powers of Criminal Courts (Sentencing) Act 2000, s 147A\n Powers of Criminal Courts (Sentencing) Act 2000, s 147B\n General points\n 7 Driving Disqualification II\n Road Traffic Offenders Act 1988, s 34\n Disqualification for a minimum of one year (standard provision)\n Disqualification for such period as the court thinks fit\n Disqualification for a minimum of six months\n Disqualification for a minimum of two years\n Disqualification for a minimum of three years\n Considerations of the court when disqualifying\n Interaction between disqualification and endorsement\n Appeal\n Special reasons\n Road Traffic Offenders Act 1988, s 34A – reduced disqualification for attendance on courses\n ‘Relevant drink offence’\n ‘Specified offence’\n ‘Reduced period’\n Approved course\n Road Traffic Offenders Act 1988, s 34B – certificates of completion of courses\n ‘The total reduced period of disqualification’\n ‘The total unreduced period of disqualification’\n Issue of certificate\n Refusal to grant certificate\n Road Traffic Offenders Act 1988, s 35\n Exceptional hardship\n Which power to disqualify under?\n Appeal\n Road Traffic Offenders Act 1988, ss 35A and 35B\n Section 35A – extension of disqualification where custodial sentence also imposed\n Section 35B – effect of custodial sentence in other cases\n Road Traffic Offenders Act 1988, s 36 – disqualification until test is passed\n Road Traffic Offenders Act 1988, s 37 – effect of disqualification\n Road Traffic Offenders Act 1988, s 39 suspension of disqualification\n Road Traffic Offenders Act 1988, s 26 – interim disqualification\n Road Traffic Offenders Act 1988, s 42 – removal of disqualification\n 8 Company Directors’ Disqualification Act 1986\n Disqualification undertakings\n Disqualification orders\n Disqualification on conviction for an indictable offence – s 2\n Disqualification for fraud etc, in winding up – s 4\n Disqualification on summary conviction for specific offences – s 5\n Offences for which disqualification may be imposed\n Procedure\n Circumstances affecting court’s decision whether to disqualify\n Scope of disqualification\n Period of disqualification\n Leave to act as director\n Interaction between civil and criminal disqualification\n Interaction between directors’ disqualification and other orders\n Appeals\n Breach\n 9 Sexual Harm Prevention Orders\n The basic principle\n The legislation\n Procedure\n Is the order necessary?\n Length of order\n Terms of order\n Computing and internet\n Contact\n Age\n Gender\n Risk management monitoring software\n Cloud storage\n Encryption software\n Foreign travel prohibition\n No duplication of notification requirements\n Clarity of order\n Concurrent orders\n Variation/renewal/discharge\n Variation of terms\n Discharge of SHPO\n Interim SHPOs\n Breach of SHPO/interim SHPO\n Interaction with notification requirements\n Appeals\n Jurisdiction\n 10 Serious Crime Prevention Orders (on conviction)\n Pre-requisite 1 – conviction for a ‘serious offence’\n Pre-requisite 2 – making the order would prevent/restrict/disrupt ‘involvement in serious crime’\n SCPOs against legal persons\n SCPOs against bodies corporate – SCA 2007, s 30\n SCPOs against partnerships – SCA 2007, s 31 (excluding limited liability partnerships)\n SCPOs against unincorporated associations – SCA 2007, s 32\n Procedure\n Content of orders\n Individuals\n Companies\n Any person\n Financial reporting orders\n Safeguards\n General\n Information\n Duration\n Concurrent orders\n Variation of SCPOs\n Variation by application to High Court\n Variation on further conviction by Crown Court\n Variation on breach proceedings\n Discharge of SCPOs\n Appeal from the Crown Court\n Breach\n Breach by body corporate\n Breach by partnership\n 11 Restraining Orders (on conviction)\n Pre-requisites for making such an order\n Whether to make an order\n Content of the order\n Victims\n Locations\n Other conditions\n Duration of the order\n Interaction between a s 5 order and other orders\n Procedure\n Variation and discharge\n Offence of breach\n Defence of reasonable excuse\n Appeal\n 12 Travel Restriction Orders\n Requirements before a TRO can be imposed\n Length of TRO\n Procedure\n Effect of a TRO\n Revocation\n Suspension\n Breach\n Interaction between TROs and prescribed removal powers\n Travel prohibitions as part of compliance orders – Proceeds of Crime Act 2002\n 13 Football Banning Orders (on conviction)\n Condition 1 – ‘relevant offence’\n Declarations of relevance\n ‘Relevant period’\n Condition 2 – ‘reasonable grounds to believe that making an FBO would help to prevent violence or disorder at or in connection with any regulated football matches’\n ‘Violence and disorder’\n ‘Regulated football matches’\n Procedure\n Requirements of an FBO\n ‘Control periods’\n Reporting\n Additional requirements – s 14G\n Photographs\n Length of FBOs – s 14F\n Application to terminate or vary an FBO\n Appeal\n Against refusal to make an FBO, by the Crown\n Against a declaration of relevance, by the defence\n Breach\n Engaging Article 8 rights\n Youths\n 14 Destruction and Disqualification Orders – Dangerous Dogs Act 1991\n Qualifying offences\n Destruction\n Suspended/contingent destruction orders\n Procedure\n Disqualification\n Forfeiture of dogs\n Variation\n Offence of breach\n Appeal\n 15 Costs Awarded Against the Accused (prosecution costs)\n Procedure\n General principles\n Matters for which costs can be sought\n Whether to make an order\n Amount\n Ability to pay\n Time to pay\n Instalments\n Multiple defendants\n Interest\n Enforcement\n Collection orders\n Appeal\n Interaction with other orders\n Private prosecutors\n 16 Slavery and Trafficking Prevention Orders (on conviction)\n Pre-conditions for an order\n Content of an order\n Foreign travel prohibition\n Requirement to provide name and address\n Duration of an STPO\n Renewal, discharge or variation of an STPO\n Appeals\n Breach\n 17 Criminal Behaviour Orders\n Condition 1\n Condition 2\n Interaction between the two conditions\n No necessity test\n Procedure\n Proceedings on an application for an order\n Content of an order\n Acceptable terms\n Duration\n Variation or discharge\n Youths\n Review of orders\n Interim CBOs\n Breach\nPart 2: Orders on acquittal/available without need for conviction\n 18 Defence Costs Orders\n Magistrates’ court\n Crown Court\n Retrials\n Court of Appeal\n Divisional Court/leave to appeal to Supreme Court/hearings before the Supreme Court\n Amount\n Section 16A – limits from LASPOA 2012\n Alternative routes to recovery of costs\n Senior Courts Act 1981, s 28A\n Magistrates’ Courts Act 1980, s 64\n Courts Act 1971, s 52\n 19 Destruction Orders – Dangerous Dogs Act 1991 (on complaint)\n 20 Restraining Orders (on acquittal)\n Pre-requisites for making an order\n Necessary\n To protect a person from harassment\n Content of an order\n Duration of the order\n Procedure\n Variation and discharge\n Offence of breach\n Appeal\n 21 Sexual Harm Prevention Orders (on application)\n Pre-conditions\n ‘Qualifying offender’\n ‘Relevant offence’\n ‘Appropriate date’\n Content\n Notification requirements\n Breach\n Appeal\n 22 Football Banning Orders (on complaint)\n Pre-conditions for making an order under FSA 1989, s 14B\n Period of order\n Procedure\n Standard of proof\n Football Spectators Act 1989, s 21B – summary measures – reference to court\n Remand/bail\n Termination\n Appeals\n Human rights\n Offence of breach\n 23 Slavery and Trafficking Prevention Orders (on application)\n Pre-conditions\n D is a ‘relevant offender’\n Condition in Modern Slavery Act 2015, s 15(3) is met\n Procedure\n Content\n Variation, renewal and discharge\n Interim slavery and trafficking prevention orders\n Appeal\n Breach\n 24 Serious Crime Prevention Orders (on application to the High Court)\n Pre-requisite 1 – involved in serious crime, whether in England and Wales or elsewhere\n Pre-requisite 2 – making the order would prevent/restrict/disrupt ‘involvement in serious crime’\n Standard of proof\n Content, duration and other matters\n Opportunity to make representations\n Variation\n Discharge of SCPOs\n Appeal\n Breach\nPart 3: Orders available only for young offenders\n 25 Reparation Orders\n Effect of an order\n Pre-conditions for the making of an order\n Contents of an order\n Amendment, revocation etc\n Power to remand\n Appeals against orders made on breach, or on applications to revoke or amend\n Breach\nPart 4: Civil Orders made by Criminal Courts\n 26 Violent Offender Orders\n Pre-condition 1 – ‘qualifying offender’\n Protecting the public\n Specified offence\n Pre-condition 2 – behaviour giving reasonable cause to believe order necessary\n Procedure for application\n Content of an order\n Duration\n Application for variation, renewal or discharge\n Appeals\n Interim VOOs\n Breach\n 27 Sexual Risk Orders\n Making the application\n Criteria for making an order\n Content of an SRO\n Foreign travel prohibition\n Renewal and variation\n Discharge\n Interim SROs\n Appeals\n Breach\n Interaction between SROs and notification requirements\n 28 Slavery and Trafficking Risk Orders\n Applicants\n Pre-condition for making order\n Procedure\n Content of an STRO\n Foreign travel prohibition\n Requirement to provide name and address\n Duration of an STRO\n Appeal\n Variation, discharge and renewal\n Interim STROs\n Breach\n 29 Closure Orders\n Application\n Making the order\n Duration\n Extension\n Content\n Discharge\n Temporary closure orders\n Costs\n Compensation\n Access to other premises\n Appeals\n Breach\nIndex