Practitioner''s Guide to Ancillary Orders in Criminal Courts

"This book provides a clear analysis of those possibilities [created by the myriad of ancillary orders] and is to be welcomed: it will help judges and practitioners navigate the complex landscape that the law has created. [It] sets out the criteria and law surrounding orders and explains them clearly and in detail: it addresses an often overlooked area of the law but one that it is essential we understand and apply correctly."
Sir Brian Leveson, President of the Queen's Bench Division, Head of Criminal Justice - in his Foreword to the book

Ancillary orders often involve nuanced application of detailed law. Combined with the huge variety of situations to which they apply and ways in which they operate, the scope for error when working with them is high.

This is the only guide to the law, application and analysis relating to Ancillary Orders, available to criminal courts, helping you to mitigate risk for your clients.

A Practitioner's Guide to Ancillary Orders in Criminal Courts covers orders available on acquittal, such as Restraining Orders and Defence Costs Orders, as well as those only available on conviction, such as Compensation Orders and Directors' Disqualification Orders, with each Order set out in a self-contained chapter. As such, the law and precedent applying to that particular type of Order is simple to access.

Legislation and case law covered includes:
Powers of Criminal Courts (Sentencing) Act 2000
Prosecution of Offences Act 1985
Protection from Harassment Act 1997
Sexual Offences Act 2003
Serious Crime Act 2007
Anti-social Behaviour, Crime and Policing Act 2014
Misuse of Drugs Act 1971
Firearms Act 1968
Company Directors' Disqualification Act 1986
Costs: Lord Howard of Lympne v DPP
SHPOs: Cheyne, Connor
SCPOs: Hancox and Duffy
Driving disqualification: Needham
Directors' disqualification: Cadman

In addition to providing guidance on and analysis of those Orders, this book also sets out the consequences of breaches. It will help you ensure that clients do not have an unwarranted or overly-onerous order imposed upon them.

An easy reference guide for advocates and courts alike.

Sommario

Part 1: Orders on conviction
1 Forfeiture I - General Powers
2 Forfeiture II - Drugs, Terrorism and Weapons
3 Forfeiture III - Miscellaneous Powers
4 Compensation Orders
5 Restitution Orders
6 Driving Disqualification I
7 Driving Disqualification II
8 Company Directors' Disqualification Act 1986
9 Sexual Harm Prevention Orders
10 Serious Crime Prevention Orders (on conviction)
11 Restraining Orders (on conviction)
12 Travel Restriction Orders
13 Football Banning Orders (on conviction)
14 Destruction and Disqualification Orders - Dangerous Dogs Act 1991
15 Costs Awarded Against the Accused (prosecution costs)
16 Slavery and Trafficking Prevention Orders (on conviction)
17 Criminal Behaviour Orders
Part 2: Orders on acquittal/available without need for conviction
18 Defence Costs Orders
19 Destruction Orders - Dangerous Dogs Act 1991 (on complaint)
20 Restraining Orders (on acquittal)
21 Sexual Harm Prevention Orders (on application)
22 Football Banning Orders (on complaint)
23 Slavery and Trafficking Prevention Orders (on application)
24 Serious Crime Prevention Orders (on application to the High Court)
Part 3: Orders available only for young offenders
25 Reparation Orders
Part 4: Civil Orders made by Criminal Courts
26 Violent Offender Orders
27 Sexual Risk Orders
28 Slavery and Trafficking Risk Orders
29 Closure Orders

Info autore

Dr Elaine Freer is a criminal barrister at 5 Paper Buildings where she prosecutes and defends in criminal and regulatory matters in the Youth, Magistrates' and Crown Courts. She is also a College Teaching Officer and Fellow in Law at Robinson College, Cambridge, where she supervises undergraduate students from across the University in the modules of Criminal Law, and Criminology, Sentencing and the Penal System. After undergraduate and Masters degrees at Selwyn College, Cambridge, she completed a PhD at Keele University before undertaking pupillage.

Riassunto

"This book provides a clear analysis of those possibilities [created by the myriad of ancillary orders] and is to be welcomed: it will help judges and practitioners navigate the complex landscape that the law has created. [It] sets out the criteria and law surrounding orders and explains them clearly and in detail: it addresses an often overlooked area of the law but one that it is essential we understand and apply correctly."
Sir Brian Leveson, President of the Queen’s Bench Division, Head of Criminal Justice – in his Foreword to the book

Ancillary orders often involve nuanced application of detailed law. Combined with the huge variety of situations to which they apply and ways in which they operate, the scope for error when working with them is high.

This is the only guide to the law, application and analysis relating to Ancillary Orders, available to criminal courts, helping you to mitigate risk for your clients.

A Practitioner’s Guide to Ancillary Orders in Criminal Courts covers orders available on acquittal, such as Restraining Orders and Defence Costs Orders, as well as those only available on conviction, such as Compensation Orders and Directors’ Disqualification Orders, with each Order set out in a self-contained chapter. As such, the law and precedent applying to that particular type of Order is simple to access.

Legislation and case law covered includes:
Powers of Criminal Courts (Sentencing) Act 2000
Prosecution of Offences Act 1985
Protection from Harassment Act 1997
Sexual Offences Act 2003
Serious Crime Act 2007
Anti-social Behaviour, Crime and Policing Act 2014
Misuse of Drugs Act 1971
Firearms Act 1968
Company Directors’ Disqualification Act 1986
Costs: Lord Howard of Lympne v DPP
SHPOs: Cheyne, Connor
SCPOs: Hancox and Duffy
Driving disqualification: Needham
Directors’ disqualification: Cadman

In addition to providing guidance on and analysis of those Orders, this book also sets out the consequences of breaches. It will help you ensure that clients do not have an unwarranted or overly-onerous order imposed upon them.

An easy reference guide for advocates and courts alike.

Prefazione

The only guide to the law, application and analysis relating to Ancillary Orders, available to criminal courts, helping mitigate risk for clients.

Testo aggiuntivo

…stands proud as an exemplar of how to break down what are sometimes complex issues into easily understandable propositions of law. It is superbly written in a practical and clear style.

Dettagli sul prodotto

• Autori: Elaine Freer
• Editore: Bloomsbury
• Lingue: Inglese
• Formato: Tascabile
• Pubblicazione: 31.05.2019
• EAN: 9781526508720
• ISBN: 978-1-5265-0872-0
• Pagine: 576
• Serie: Criminal Practice Series; Criminal Practice Series; Criminal Practice
• Categorie: Scienze sociali, diritto, economia > Diritto > Diritto internazionale, diritto degli stranieri; Law, LAW / Criminal Law / General, Criminal law & procedure, Criminal law: procedure and offences