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Civil Recovery of Criminal Property analyses the confiscation of the proceeds of crime in the absence of criminal conviction in Ireland and England & Wales in depth. By interviewing practitioners engaged with civil recovery proceedings, this book remedies the previous lack of empirical engagement with the operation of civil recovery in practice.
List of contents
- 1: Introduction
- 2: Civil Recovery as a Hybrid Civil/Criminal Procedure
- 3: Justifications and Legal Framework
- 4: Judicial Responses
- 5: Critiquing Civil Recovery
- 6: Civil Recovery and Property
- 7: A Pragmatic Response?
- 8: Conclusion
About the author
Colin King is Professor at the Institute of Advanced Legal Studies, University of London and an Associate Academic Fellow at the Honourable Society of the Inner Temple. His research is primarily in financial crime, including anti-money laundering, proceeds of crime, and deferred prosecution agreements.
Jennifer (Jen) Hendry is Professor of Law and Social Justice at the University of Leeds, where she has been employed since 2009, and an Affiliate Researcher at the Max Planck Institute for Legal History and Legal Theory, Frankfurt. She is Editor-in-Chief of the German Law Journal, member of the 23ES Academic Panel, and former Vice-Chair of the UK Socio-Legal Studies Association.
Summary
Civil Recovery of Criminal Property analyses the confiscation of the proceeds of crime in the absence of criminal conviction in Ireland and England & Wales in depth. By interviewing practitioners engaged with civil recovery proceedings, this book remedies the previous lack of empirical engagement with the operation of civil recovery in practice.
Additional text
...an excellent work of critical scholarship. The authors' clear-eyed privileging of the importance of the individual's rights over justifications around pragmatism is likely to provoke mixed responses amongst academic and practitioners alike, and to reignite the debates around hybrid civil/criminal processes and the civil liberties of those who are subject to them. King's and Hendry's careful and comprehensive theorisation and discussion of the mechanism lays bare the complexities and compromises implicit in crime control in the twenty-first century. This book is essential reading for anyone interested in the conflict between principle and pragmatism in criminal justice.
