Montgomery and Ormerod on Fraud: Criminal Law and Procedure
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Product details:
- Publisher OUP Oxford
- Date of Publication 17 April 2008
- ISBN 9780199235308
- Binding Looseleaf
- No. of pages1740 pages
- Size 246x171 mm
- Language English 0
Categories
Short description:
Presented in looseleaf format with regular updates (one in the first year, two per year thereafter), this is a definitive new work on fraud which draws on the expertise of leading, specialist practitioners and it contains detailed narrative and all relevant materials.
MoreLong description:
This definitive new work provides a comprehensive analysis of the investigation and prosecution of fraud offences in England and Wales. The discussion involves a critical analysis of the law, by reference to the policies, principles and practicalities of the criminal investigation and trial. The looseleaf covers the investigative, pre-trial, procedural and substantive law issues relating to fraud offences, as well as coverage of related topics such as corruption and money-laundering. Thirty specially commissioned chapters from acknowledged experts in the field are combined with all relevant materials to provide authoritative legal text and practical guidance in one volume. The practical and academic expertise of the Editors offers a unique combination not found in the existing works on fraud and related offences. As fraud law and procedure changes so rapidly, this work is published in loose-leaf format with regular updates (one in the first year, two thereafter) to provide the most comprehensive, analytical, and up-to-date fraud service available.
"This fantastic new looseleaf is the best work on fraud which I have ever seen. It contains everything a practitioner or judge will ever need to know about fraud. Edited by Clare Montgomery QC and Professor David Ormerod, and written by 'insiders' from all the main governmental agencies, together with leading defence and prosecution practitioners, the work provides a unique insight into and perspective on, all aspects of fraud law and procedure. It is written in a very clear style, with superb coverage of case management and trial procedure, and includes all vital legislative materials in the Precedents and Appendices. Though extremely comprehensive it is also portable and easy to transport - ideal for use in court, and I shall be recommending it as essential reading on all my JSB courses."
Table of Contents:
PART A: INVESTIGATION
Fraud Investigations by the Serious and Organised Crime Agency
Serious Fraud Offices Investigations and Prosecutions
FSA Investigations
Competition Law Investigations
Investigations of Companies under Part XIV of the Companies Act 1985
Insolvency Investigations
Mutual Legal Assistance in Cases of Fraud
PART B: PRE-TRIAL PROCEDURE
Charging Process
Transfers
Pre-Trial Hearings
Preliminary Appeals and Reviews
Disclosure in Fraud Cases Tried on Indictment
Funding
PART C: THE TRIAL
Indictments and Severance
Hearsay and Documentary Evidence
Restrictions on the Use of Evidence
Expert Evidence
Trial by Judge Alone
Presenting a Fraud Case
PART D: OFFENCES
Dishonesty and Related Mens Rea Concepts
Fraud Act 2005
Offences Under the Theft Acts 1968, 1978, 1996
Offences Under the Companies Act
Insider Dealing and Market Abuse
The Cartel Offence and Related Offences in Competition Law
Conspiracy to Defraud
Corruption
Money Laundering Offences
Revenue Offences
MATERIALS
MATERIALS PART I - PRECEDENTS
1. CPS Precedents
MATERIALS II - APPENDICES
1. Public Bodies Corrupt Practices Act 1889
2. Prevention of Corruption Act 1906
3. Prevention of Corruption Act 1916
4. Theft Act 1968 (extracts)
5. Police and Criminal Evidence Act 1984 (extracts)
6. Companies Act 1985 (Part XIV)
7. Company Directors Disqualification Act 1986 (extracts)
8. Insolvency Act 1986 (extracts)
9. Insolvency Rules 1986 (extracts)
10. Criminal Justice Act 1987 (extracts)
11. Treaty Establishing the EC (extracts)
12. Criminal Justice Act 1993 (Part V)
13. Criminal Procedure and Investigations Act 1996 (extracts)
14. CPIA Codes
15. Competition Act 1998 (extracts)
16. EC Regulation on Insolvency Proceedings (extracts)
17. Financial Services and Markets Act 2000 as amended by Schedule 2 of the Financial Services and Markets Act 2000 (Market Abuse) Regulations 2005 (extracts)
18. Offence of Evasion of Income Tax (Finance Act 2000 section 144)
19. Common Law Offence of Cheat
20. Anti-Terrorism Crime and Security Act 2001 (extracts)
21. Enterprise Act 2002 (extracts)
22. Proceeds of Crime Act 2002 (extracts)
23. Criminal Justice Act 2003 (extracts)
24. Attorney General's Guidelines on Disclosure
25. Serious Organised Crime and Police Act 2005 (extracts)
26. Criminal Procedure Rules (extracts including Part 15 inserted by The Criminal Procedure (Amendment) Rules 2006)
27. Fraud Protocol 2005
28. Disclosure Protocol (extracts)
29. Fraud Act 2006
30. Companies Act 2006 (Part 32)
31. Companies Act 2006 (Schedules 3 and 16)
32. Cross Border Insolvency Regulations 2006 (extracts)
33. The Consolidated Criminal Practice Direction (Parts IV.41 and V.56)
34. Money Laundering Regulations 2007 (SI 2007/2157)
35. FSA's 'The Enforcement Manual' (extracts) in its recently revised form
