Federal Proceeds of Crime Law eBook

Federal Proceeds of Crime Law eBook

By Jordan English, Sam Hickey, Simon Bronitt

eBook - ProView

$131.00* RRP

Date: 31/12/2023

Code: 9780455242903

Lawbook Co., AUSTRALIA

Available Formats

Format Title Date Code Price
Book Federal Proceeds of Crime Law 09/01/2024 9780455242897 $138.00 Add to cart
eBook - ProView Federal Proceeds of Crime Law eBook 31/12/2023 9780455242903 $131.00 Add to cart
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This book provides comprehensive guidance and critical commentary on the regime governing the freezing, restraint, and confiscation of the proceeds of crime under the Proceeds of Crime Act 2002 (Cth). The statutory framework and ever-expanding caselaw on the POCA is complex and demands a firm grasp of criminal, private, and public law concepts. Through its systematic exposition of statutory provisions and caselaw, the book provides a doctrinal platform on which the aims and impacts of the POCA are then assessed. Readers are encouraged to engage with the broader academic debates, and to reflect on whether the POCA has drawn the correct balance between preventing crime and depriving individuals of the proceeds and benefits of criminal activity and respecting civil liberties such as the right to property and the right to a fair trial. The book will be a valuable resource for lawyers, judges, and law enforcement officials dealing with proceeds of crime matters. It also contains a wealth of material for those undertaking research or teaching specialised electives in federal criminal law.

About the authors

Jordan English is a Supernumerary Teaching Fellow in Law at St John’s College, Oxford.

Sam Hickey is a PhD Candidate at the London School of Economics.

Simon Bronitt is the Head of School and Dean, and Professor of Law, at the University of Sydney.


The principle that ‘crime should not pay’ is not controversial. Where difficulty arises, however, is howto deprive criminals of their ill-gotten gains. The answer is not as easy as it sounds and, in this exceptional book, English, Hickey, and Bronitt systematically examine and contextualise the complexities of the POCA in Australia. The authors not only synthesise the policy and jurisprudence surrounding the POCA, theyalso examine the many critiques of this controversial legislation that straddles civil and criminal law. In this, they challenge us to rethink what ‘criminal justice’ involves and how the state goes about (or should go about) restraining and confiscating property deemed to constitute proceeds of crime. This book will be of interest to policymakers, practitioners, and researchers not only in Australia, but also in any jurisdiction that places a premium on confiscating criminal assets. It is an essential and compelling read.
Colin King, Professor of Law, University of Sydney

An engaging and insightful guide to an important and complex area of law in which the authors introduce, explain and comment critically on the Proceeds of Crime Act 2002 (Cth). The text will aid the practitioner, researcher and student interested in this complex interaction of civil and criminal law at the federal level in Australia. It ranges from the international and national to the theoretical and doctrinal with equal ease. The 2002 Act’s introduction of a non-conviction-based civil confiscation is at least as challenging in Australia as elsewhere in the world and, even more than conviction-based confiscation, forces us to engage with important questions about private law rights and the nature of remedies like confiscation. Hybridisation, or as the authors use here, the ‘civilisation’ of the criminal law, is a complex and understudied phenomenon, often driven by policy and achieved at the cost of principle. This book is a serious contribution to understanding the current law and showing where it needs to be rethought.

Matthew Dyson, Professor of Civil and Criminal Law, University of Oxford 


Table of Contents


  • Chapter 1: Federal Proceeds of Crime Laws in Context
  • Chapter 2: The Proceeds of Crime Act


  • Chapter 3: Key Definitions
  • Chapter 4: Proceeds of Instuments of Crime
  • Chapter 5: Effective Control


  • Chapter 6: Freezing Orders
  • Chapter 7: Restraining Orders
  • Chapter 8: Forfeiture Orders
  • Chapter 9: Automoatic Forfeiture
  • Chapter 10: Pecuniary Penalty Orders
  • Chapter 11: Literary Proceeds Orders
  • Chapter 12: Unexplained Wealth Orders
  • Chapter 13: Information-Gathering Powers


  • Chapter 14: Conclusion



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