A Practitioner’s Guide to Ancillary Orders in Criminal Courts

By: Elaine Freer
ISBN: 9781526508720

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About A Practitioner’s Guide to Ancillary Orders in Criminal Courts

“This book provides a clear analysis of those possibilities [created by the myriad of ancillary orders] and is to be welcomed: it will help judges and practitioners navigate the complex landscape that the law has created. [It] sets out the criteria and law surrounding orders and explains them clearly and in detail: it addresses an often overlooked area of the law but one that it is essential we understand and... Read more

Sir Brian Leveson's Foreword to A Practitioner's Guide to Ancillary Orders

Over the years, these orders have multiplied and present a bewildering array of possibilities to....(download to read the full Foreword)

Chapter 9 (extract) Sexual Harm Prevention Orders (on conviction)

For some years..., there had been mechanisms for securing...(download to read the full extract)

About A Practitioner’s Guide to Ancillary Orders in Criminal Courts

“This book provides a clear analysis of those possibilities [created by the myriad of ancillary orders] and is to be welcomed: it will help judges and practitioners navigate the complex landscape that the law has created. [It] sets out the criteria and law surrounding orders and explains them clearly and in detail: it addresses an often overlooked area of the law but one that it is essential we understand and apply correctly.”
Sir Brian Leveson, President of the Queen’s Bench Division, Head of Criminal Justice, in his Foreword to the book

Ancillary orders often involve nuanced application of detailed law. Combined with the huge variety of situations to which they apply and ways in which they operate, the scope for error when working with them is high.

This is the only guide to the law, application and analysis relating to Ancillary Orders, available to criminal courts, helping you to mitigate risk for your clients.

A Practitioner’s Guide to Ancillary Orders in Criminal Courts covers orders available on acquittal, such as Restraining Orders and Defence Costs Orders, as well as those only available on conviction, such as Compensation Orders and Directors’ Disqualification Orders, with each Order set out in a self-contained chapter. As such, the law and precedent applying to that particular type of Order is simple to access.

Legislation and case law covered includes:
– Powers of Criminal Courts (Sentencing) Act 2000
– Prosecution of Offences Act 1985
– Protection from Harassment Act 1997
– Sexual Offences Act 2003
– Serious Crime Act 2007
– Anti-social Behaviour, Crime and Policing Act 2014
– Misuse of Drugs Act 1971
– Firearms Act 1968
– Company Directors’ Disqualification Act 1986
– Costs: Lord Howard of Lympne v DPP
– SHPOs: Cheyne, Connor
– SCPOs: Hancox and Duffy
– Driving disqualification: Needham
– Directors’ disqualification: Cadman

In addition to providing guidance on and analysis of those Orders, this book also sets out the consequences of breaches. It will help you ensure that clients do not have an unwarranted or overly-onerous order imposed upon them.

An easy reference guide for advocates and courts alike.

Table of Contents

Part 1: Orders on conviction
Chapter 1 – Forfeiture I
Chapter 2 – Forfeiture II
Chapter 3 – Forfeiture III
Chapter 4 – Compensation Orders
Chapter 5 – Restitution Orders
Chapter 6 – Driving disqualification I
Chapter 7 – Driving disqualification II
Chapter 8 – Company Directors’ Disqualification Orders
Chapter 9 – Sexual Harm Prevention Orders
Chapter 10 – Serious Crime Prevention Orders
Chapter 11 – Restraining Orders on conviction
Chapter 12 – Travel Restriction Orders
Chapter 13 – Football Banning Orders
Chapter 14 – Destruction and Disqualification Orders – Dangerous Dogs Act 1991
Chapter 15 – Costs awarded against the defendant (Prosecution costs)
Chapter 16 – Slavery and Trafficking Prevention Orders
Chapter 17 – Criminal Behaviour Orders

Part 2: Orders on acquittal/available without need for conviction
Chapter 18 – Defence Costs Orders
Chapter 19 – Destruction Orders on complaint
Chapter 20 – Restraining Orders on acquittal
Chapter 21 – Sexual Harm Prevention Orders on application
Chapter 22 – Football Banning Orders on complaint
Chapter 23 – Slavery and Trafficking Prevention Orders on application
Chapter 24 – Serious Crime Prevention Orders on application to the High Court

Part 3: Orders available only for young offenders
Chapter 25 – Reparation Orders

Part 4: Civil Orders made by Criminal Courts
Chapter 26 – Violent Offender Orders
Chapter 27 – Sexual Risk Orders
Chapter 28 – Slavery and Trafficking Risk Orders
Chapter 29 – Closure Orders

Publishing Details

Publication Date: 23 May 2019
ISBN: 9781526508720
Binding: paperback
Series: 12

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