header-logo header-logo

NLJ this week: Section 303Z17A & the potential for recovery of ill-gotten gains

01 December 2023
Issue: 8051 / Categories: Legal News , Fraud
printer mail-detail
149583
Tucked within the Economic Crime and Corporate Transparency Act 2023 is a provision with ‘profound implications’ for victims of crime, Nicholas Yeo and Ryan Dowding, both barristers at 3 Raymond Building, write in this week’s NLJ

The ‘pithily named’ section 303Z17A is inserted into the Proceeds of Crime Act 2002, permitting, ‘for the first time, victims and true owners to seek the release of their funds which have been made the subject of account freezing and forfeiture’.

Yeo and Dowding take an in-depth look at section 303Z17A, highlighting its scope, application and potential. They note the increasing role of the magistrates’ courts in account freezing and forfeiture proceedings. They explain when section 303Z17A will apply and how an application may be made. However, they also note potential difficulties and complexities that may arise. 

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll