Module name: Legal skills

Primary and secondary legislation
This part of the memorandum includes Primary and Secondary legislation applied for a current case R v Guraj (respondent)²⁰.

Primary legislation

As a main source the Proceeds of Crime Act (POCA) 2002²¹ was used in this legal document. The POCA²² was established on 14 June 2000 and was renewed in 2002. The POCA²³ has a significant influence on UK law regarding to criminal cases. Another legislation, which is Criminal Justice Act 1988²⁴, involves not only crime issues, but this act resolves problems related to procedural aspects of the law. Moreover, Misuse of Drugs Act 1971²⁵ is included in this memorandum, in order to deal issues with drug dealing. The last primary legislation is Power of Criminal Courts (Sentencing) Act 2000²⁶, which was applied by court to order a forfeiture to deprive respondent of property. In addition, the memorandum contain a cases R v Paivarinta-Taylor [2010] EWCA Crim 28; [2010] 2 Cr App R (S) 64, para 42, R v Soneji [2006] AC 340, para 3 and R v Neish [2012] EWCA Crim 1011; [2010] 1 WLR 2395 to support the court of appeal’s submission and to apply reasoning for judges .

Secondary Legislation

The section 13 (2), section 14 and section 15 (2) of POCA, which were amended, were included as a secondary legislation in this case. Besides, as a secondary source the book Criminal law review: Serious Crime Act 2015: Strengthening the restraint and confiscation regime written by Jonathan Fisher QC was referred in this document.