Book review - Mitchell, Taylor and Talbot on Confiscation and the Proceeds of Crime

• Date: 24 May 2019
• Published date: 24 May 2019

REVIEW

Mitchell, Taylor and Talbot on

Confiscation and the Proceeds

of Crime

by Andrew R Mitchell QC of Gray's Inn, Barrister and

Member of the Irish Bar, Susan M E Taylor LLB (Hons), of the

Middle Temple, Barrister and Kennedy V Talbot of Gray's

Inn, Barrister and Member of the New York Bar. London:

Sweet & Maxwell. 2002. Loose-leaf.

Mitchell, Taylor and Talbot on Confiscation and the Proceeds of Crime

is an

established and recognised work on asset forfeiture and related aspects of

organised crime. It was first published in 1992 and is now in its third edition.

It is a book aimed essentially at practitioners (but also other researchers) in

this field and its new loose-leaf format will greatly enhance its usefulness,

especially in the light of the Proceeds of Crime Act 2002 in the United

Kingdom.

The focal point of the third edition of this well-known book is an

examination of the legislative provisions and processes of confiscation under

the Criminal Justice Act 1998 and the Drug Trafficking Act 1994. However,

there are also detailed discussions on the intricacies of international co-

operation, legislation on money laundering and forfeiting terrorist property.

The work contains valuable appendices, including the text of United

Kingdom legislation on asset forfeiture and terrorism, money laundering

regulations and selected relevant international conventions. A case digest

summarising recent United Kingdom cases and human rights decisions adds

to the usefulness of the book.

The enactment of the Proceeds of Crime Act 2002, and the entry into force

of some of its provisions, brings about a more unified and accessible

forfeiture regime in the United Kingdom, including the availability of civil

forfeiture powers and a more comprehensive approach to money laundering.

Some aspects of the new legislation are already anticipated in various aspects

of the book.

70

(2003) 16 SACJ 70

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