‘A Practical Guide to Confiscation and Restraint’ by Narita Bahra QC, David Winch, John Carl Townsend
Publication due: April 2021
This book is intended to provide practical guidance when considering the highly topical and complex issues of Confiscation, Proceeds of Crime Act 2002 (POCA) and Restraint in criminal proceedings. It is aimed at both prosecution and defence practitioners who appear in the Magistrates Court and Crown Court. Confiscation, POCA and Restraint issues now arise in many criminal case and in many guises, where the prosecution seek to secure criminal proceeds from the assets of those convicted. The book provides step by step guidance designed to assist practitioners ask the right questions when making decisions prior to conviction, which will impact confiscation proceedings and sets out how properly to complete each stage of written documentation required by the Court in proceeds of crime proceedings.
ABOUT THE AUTHORS
Narita Bahra QC is a leading defence barrister instructed to defend in heavyweight and high profile Business Crime cases. Narita is recognised as an effective tactician in the field of Business Crime and financial services. Her stellar work ethic results in tangible impact and defining successful outcomes in cases involving fraud, tax evasion, money laundering and Anti-competitive conduct (cartels, market abuse, insider dealing), investment products (carbon credits, diamonds, bitcoin) and Confiscation.
She is noted for handling fraud cases with an international dimension, particularly in South East Asia. Narita is recognised as having vast and practical knowledge of the increasing prosecutions involving the Hawala banking system.
Specialism in this field requires an updated and excellent knowledge of financial proceedings such as conﬁscation, asset forfeiture and restraint law.
David Winch B.Com., F.C.A. is a forensic accountant specialising in crime and proceeds of crime and a sought-after commentator on confiscation and money laundering, appearing on national television and radio. A chartered accountant and a leading member of the team at Bartfields Forensic Accountants, he has appeared as an expert witness in Crown Courts, the High Court, the First Tier Tribunal (Tax Chamber), and the Royal Court (Jersey). In the Crown Court he has given evidence in leading confiscation cases, including R v Harvey  UKSC 73 and Boyle Transport (Northern Ireland) Ltd v R  EWCA Crim 19. David is the author of numerous webinars and blogs on confiscation and was joint author (with Janet Bazley of 1 Garden Court Chambers) of ‘Money Laundering for Lawyers: the new requirements and their practical implications’ published by Butterworths (2004).
John Carl Townsend is recognised as a specialist in the field of POCA and asset forfeiture. He has acted in all proceedings connected to the Proceeds of Crime Act 2002 including Part 5 (Asset Forfeiture) and Part 6 (Tax). He is a tenant at 33 Chancery Lane.
His practice encompasses the civil and criminal courts with a focus on complex and high value financial investigations. In the civil courts he acts for claimant and defendant companies and individuals in claims relating to allegations of breach of fiduciary duty, unlawful means conspiracy and deceit. In the criminal courts he provides advice and representation in fraud and money laundering prosecutions. He is frequently retained in cases where there is the potential for both civil and criminal liability.
John Carl has acted for clients in respect of international freezing orders, restraint orders, civil disclosure orders (including Norwich Pharmacal and Bankers Trust), account freezing orders, unexplained wealth orders, judicial review, tax tribunals, SFO s.2 investigations, allegations of regulatory breach and goods seizures as a result of alleged duty evasion.