Civil Recovery of Criminal Property

The book "Civil Recovery of Criminal Property" explores the confiscation of the proceeds of crime in Ireland and England & Wales without criminal conviction, examining its development, legislative context, judicial reception, and case law. It argues that civil recovery, like other civil/criminal hybrids, undermines due process, civil liberties, and human rights.

Format: Hardback
Length: 248 pages
Publication date: 17 August 2023
Publisher: Oxford University Press

Tackling organized crime, corruption, and terrorist activities has led to the increasing adoption of follow-the-money approaches. These strategies aim to demonstrate that crime does not pay, reinforce confidence in a fair and effective criminal justice system, and deter criminal activity. Civil Recovery of Criminal Property is a comprehensive analysis of the confiscation of the proceeds of crime in the absence of criminal conviction in Ireland and England & Wales, over two decades since the introduction of this civil/criminal hybrid procedure. The book explores the development of civil recovery in both jurisdictions, providing a comparative account and critical examination of its legislative context, framework, judicial reception, and case law development. It argues that civil recovery, like other civil/criminal hybrids, straddles civil and criminal procedure in a manner that takes advantage of legal ambiguity, detrimentally affecting due process, civil liberties, and human rights.

To address this gap, King and Hendry conducted interviews with practitioners actively involved in civil recovery proceedings, both in defense and in enforcement. The authors offer a comprehensive analysis of civil recovery, covering its procedural hybridity, its focus on follow-the-money, its questionable compliance with due process requirements, its property-specific nature, and its purported pragmatism in addressing serious and organized crime. Drawing from doctrinal, socio-legal, and theoretical perspectives, Civil Recovery of Criminal Property appeals to academics and practitioners engaged in civil recovery.

In conclusion, follow-the-money approaches have gained prominence in combating organized crime, corruption, and terrorist activities. Civil Recovery of Criminal Property provides valuable insights into the confiscation of proceeds of crime in the absence of criminal conviction, highlighting the need for careful consideration of the legal and ethical implications of such procedures. By blending doctrinal, socio-legal, and theoretical perspectives, the book offers a comprehensive analysis of civil recovery, appealing to academics and practitioners alike.

Weight: 520g
Dimension: 164 x 240 x 22 (mm)
ISBN-13: 9780198824251