1978/1908 (N.I. Penalties. 27. ), I1S. 11 para. 76 Amendment to the Proceeds of Crime Act 2008 (1) The Proceeds of Crime Act 2008 is amended as follows. 2003/333, art. 254.Exclusion of property which is not recoverable etc. of this Act shall have effect even though inconsistent with sections 4 and 5 of the Constitution. (4)No request for assistance may be made for the purposes of this section in a case where a confiscation order has been made and has been satisfied, discharged or quashed. These lists are based on information contained in latest available (revised) version as recorded by the legislation.gov.uk editorial team. 2, Sch. Schedules you have selected contains over Proceeds of Crime Act 2002. If you require a copy of the file in an accessible format contact us with details of what you require. The Proceeds of Crime Act 2002 provides powers for police and customs officers to seize and then apply for the forfeiture of cash, which is or represents property obtained through unlawful. any of the conditions in section 40 is satisfied, believes that realisable property is situated in a country or territory outside the United Kingdom (the receiving country), and. Proceeds of Crime Act 2002 (Business in the Regulated Sector and Supervisory Authorities) Order 2007 POCA Regulations 2007 (PDF 81kb) PDF off (no printing) ePub off (no printing) eb20 20% every 30 days The Proceeds of Crime Act 2002 (POCA) mainly came into force in March 2003, introducing a new anti-money laundering regime. Revised legislation carried on this site may not be fully up to date. 3.2.7 Such consent may consist of either express consent or deemed consent. Duties and responsibilities under Proceeds of Crime Act (4th edition) PDF 595.8 kB. Part 7 of the Act contains the primary UK anti-money laundering legislation, including provisions requiring businesses within the 'regulated sector' (banking, investment, money transmission, certain professions, etc.) Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Principal objects PART 1-3--OUTLINE OF THIS ACT 6. PDF, 2.36 MB, 40 pages. 35(a), Sch. The Whole sends a request for assistance to the Secretary of State with a view to it being forwarded under this section. 85 of 2002 as amended This compilation was prepared on 9 January 2003 taking into account amendments up to Act No. Changes that have . This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. (1) Paragraph 27 does not apply to determine the disposal 29.Paragraphs 26 to 28 have effect as if they were 2.Parliamentary Commissioner Act 1967 (c. 13), 7.Rehabilitation of Offenders Act 1974 (c. 53), 8.Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. Changes that have been made appear in the content and are referenced with annotations. There are changes that may be brought into force at a future date. Indicates the geographical area that this provision applies to. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. (1) Each of the following is a supervisory authority. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. 2003/210, art. The Proceeds of Crime Act 2002 (POCA) has been amended by the Criminal Finances Act 2017. . Correction slips if issued will be listed separately under 'Associated Documents' and will have been applied to the HTML version viewable via the content tab. 15)), Proceeds of Crime (Scotland) Act 1995 (c. 43), Criminal Procedure (Scotland) Act 1995 (c. 46), Proceeds of Crime (Northern Ireland) Order 1996 (S.I. NCA Important Information October 2021 Opens in new window (pdf, 1826kB) Application guidance to candidates . The Serious Crime Act 2007 is an Act of the Parliament of the United Kingdom that makes several radical changes to English criminal law.In particular, it creates a new scheme of serious crime prevention orders to frustrate crime in England and Wales and in Northern Ireland, replaces the common law crime of incitement with a statutory offence of encouraging or assisting crime, makes provision . 3-14), F3Words in s. 74(1)(c) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. Geographical Extent: 10.Assumptions to be made in case of criminal lifestyle, 13.Effect of order on courts other powers, 17.Defendants response to statement of information, 19.No order made: reconsideration of case, 20.No order made: reconsideration of benefit, 21.Order made: reconsideration of benefit, 22.Order made: reconsideration of available amount, 23.Inadequacy of available amount: variation of order, 24.Inadequacy of available amount: discharge of order, 25.Small amount outstanding: discharge of order, 28.Defendant neither convicted nor acquitted, 35.Director not appointed as enforcement authority, 36.Director appointed as enforcement authority, 37.Directors application for enforcement, 38.Provisions about imprisonment or detention, 39.Reconsideration etc: variation of prison term, 55.Sums received by justices' chief executive, 80.Value of property obtained from conduct, 89.Procedure on appeal to the Court of Appeal, 90.Procedure on appeal to the House of Lords, 96.Assumptions to be made in case of criminal lifestyle, 97.Effect of order on courts other powers, 102.Accuseds response to statement of information, 104.No order made: reconsideration of case, 105.No order made: reconsideration of benefit, 106.Order made: reconsideration of benefit, 107.Order made: reconsideration of available amount, 108.Inadequacy of available amount: variation of order, 109.Inadequacy of available amount: discharge of order, 111.Conviction or other disposal of accused, 112.Accused neither convicted nor acquitted, 118.Application of provisions about fine enforcement, 123.Inhibition of property affected by order, 124.Arrestment of property affected by order, 127.Restraint orders: restriction on proceedings and remedies, 130.Application of sums by enforcement administrator, 138.Administrators: restriction on proceedings and remedies, 140.Confiscation order varied or discharged, 146.Value of property obtained from conduct, 160.Assumptions to be made in case of criminal lifestyle, 163.Effect of order on courts other powers, 167.Defendants response to statement of information, 168.Provision of information by defendant, 169.No order made: reconsideration of case, 170.No order made: reconsideration of benefit, 171.Order made: reconsideration of benefit, 172.Order made: reconsideration of available amount, 173.Inadequacy of available amount: variation of order, 174.Inadequacy of available amount: discharge of order, 175.Small amount outstanding: discharge of order, 178.Defendant neither convicted nor acquitted, 186.Directors application for enforcement, 187.Provisions about imprisonment or detention, 188.Reconsideration etc: variation of prison term, 228.Value of property obtained from conduct, 237.Procedure on appeal to the Court of Appeal, 238.Procedure on appeal to the House of Lords, Part 5 Civil recovery of the proceeds etc. Dealings in good faith with administrator, Effect of appointment of administrator on diligence. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. 27)), Criminal Appeal (Northern Ireland) Act 1980 (c. 47), Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. Proceeds of Crime Act 2002, Section 74 is up to date with all changes known to be in force on or before 07 December 2022. 19)), 21.Criminal Justice (International Co-operation) Act 1990 (c. 5), 23.Pension Schemes (Northern Ireland) Act 1993 (c. 49), 24.Criminal Justice and Public Order Act 1994 (c. 33), 26.Criminal Justice (Northern Ireland) Order 1994 (S.I. (a)any person is prohibited from dealing with realisable property; (b)realisable property is realised and the proceeds are applied in accordance with the law of the receiving country. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. The increased rate of seizures and growing rate of confiscation under the Proceeds of Crime Act 2002 and a number of decided cases under the Act are evidence of the courts 'doing their bit'. There are changes that may be brought into force at a future date. The Whole Proceeds of Crime (Prescribed Sum) Order (LN 38/2011). (1) This paragraph has effect for the purposes of paragraph (1) Each of the following is a supervisory authority. 28. 39(2)(5); S.S.I. 2008/755, art. This is the original PDF of the as enacted version that was used to publish the official printed copy. Assumptions to be made in case of criminal lifestyle, Defendants response to statement of information, No order made: reconsideration of benefit, Order made: reconsideration of available amount, Inadequacy of available amount: variation of order, Inadequacy of available amount: discharge of order, Small amount outstanding: discharge of order, Defendant neither convicted nor acquitted, Director not appointed as enforcement authority, Director appointed as enforcement authority, Provisions about imprisonment or detention, Reconsideration etc: variation of prison term, Sums received by justices' chief executive, Procedure on appeal to the Court of Appeal, Procedure on appeal to the House of Lords, Accuseds response to statement of information, Application of provisions about fine enforcement, Restraint orders: restriction on proceedings and remedies, Application of sums by enforcement administrator, Administrators: restriction on proceedings and remedies, Property obtained through unlawful conduct, Proceedings for recovery orders in England and Wales or Northern Ireland, Proceedings for recovery orders in Scotland, Supervision of interim receiver and variation of order, Restrictions on dealing etc. 5. 125 of 2002 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be Details of changes are only available back to 2002. There are no associated impact assessment for this legislation. For more information see the EUR-Lex public statement on re-use. No changes have been applied to the text. 265.Arrestment of property affected by interim administration order, Vesting and realisation of recoverable property, 267.Functions of the trustee for civil recovery, 268.Recording of recovery order (Scotland), 271.Agreements about associated and joint property, 272.Associated and joint property: default of agreement, 273.Payments in respect of rights under pension schemes, 274.Consequential adjustment of liabilities under pension schemes, 284.Payment of interim administrator or trustee (Scotland), 285.Effect on diligence of recovery order (Scotland), Chapter 3 Recovery of cash in summary proceedings, 304.Property obtained through unlawful conduct, 307.Recoverable property: accruing profits, 312.Performance of functions of Scottish Ministers by constables in Scotland, 313.Restriction on performance of Directors functions by police, 318.Revenue functions regarding employment, 321.Directors functions: transfers of value, 322.Directors functions: certain settlements, 330.Failure to disclose: regulated sector, 331.Failure to disclose: nominated officers in the regulated sector, 332.Failure to disclose: other nominated officers, 342.Offences of prejudicing investigation, Chapter 2 England and Wales and Northern Ireland, 346.Requirements for making of production order, 353.Requirements where production order not available, 355.Further provisions: confiscation and money laundering, 358.Requirements for making of disclosure order, 365.Requirements for making of customer information order, 371.Requirements for making of account monitoring order, 381.Requirements for making of production order, 388.Requirements where production order not available, 390.Further provisions: confiscation, civil recovery and money laundering, 392.Requirements for making of disclosure order, 399.Requirements for making of customer information order, 405.Requirements for making of account monitoring order, 411.Performance of functions of Scottish Ministers by constables in Scotland, Winding up in England and Wales and Scotland, 436.Disclosure of information to Director, 438.Disclosure of information by Director, 439.Disclosure of information to Lord Advocate and to Scottish Ministers, 441.Disclosure of information by Lord Advocate and by Scottish Ministers, 442.Restriction on disclosure for overseas purposes, 443.Enforcement in different parts of the United Kingdom, 453.References to financial investigators. 1989/1341 (N.I. may also experience some issues with your browser, such as an alert box that a script is taking a 2003/333, art. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No request for assistance may be made for the purposes of this section in a case where a confiscation order has been made and has been satisfied, discharged or quashed. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. using the . 27)), 9.Criminal Appeal (Northern Ireland) Act 1980 (c. 47), 10.Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. (2)In a case where no confiscation order has been made, a request for assistance is a request to the government of the receiving country to secure that any person is prohibited from dealing with realisable property. PROCEEDS OF CRIME ACT 2002 TABLE OF PROVISIONS Long Title CHAPTER 1--Introduction PART 1-1--PRELIMINARY 1. 256.Application for interim administration order, 258.Inhibition of property affected by order, 260.Supervision of interim administrator and variation of order, 261.Restrictions on dealing etc. Act you have selected contains over 2 applied by Terrorism Act 2000 (c. 11), Sch. 15)), 28.Proceeds of Crime (Scotland) Act 1995 (c. 43), 29.Criminal Procedure (Scotland) Act 1995 (c. 46), 31.Proceeds of Crime (Northern Ireland) Order 1996 (S.I. Note on Amendments made by this Act A. You For example, in the gambling industry, this may involve the taking of cash, cheque, or card payments, based on funds which are the proceeds of crime, in the form of a bet or wager, or holding money on account for a customer for the purposes of gambling. For legislation enacted before the basedate (1/1/2006 for Northern Ireland legislation and 1/2/1991 for all other revised legislation) this information may not be available. 2 Proceeds of Crime Act 2002 (c. 29) Part 8 - Investigations Chapter 1 - Introduction Document Generated: 2022-10-03 Changes to legislation: Proceeds of Crime Act 2002, Part 8 is up to date with all changes known to be in force on or before 03 October 2022. No versions before this date are available. The Proceeds of Crime Act 2002 ("the Act") received Royal Assent on 24th July 2002. Confers power or Apply Blanket Amendments, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 14; S.I. 8 para. (a)that property has been realised in pursuance of a request under subsection (3), (8)If the proceeds of realisation made in pursuance of a request under subsection (3) are expressed in a currency other than sterling, they must be taken to be the sterling equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of realisation. 2(1)(b)(2), sch. If the proceeds of realisation made in pursuance of a request under subsection (3) are expressed in a currency other than sterling, they must be taken to be the sterling equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of realisation. 75 Amendments to the Anti-Terrorism and Crime Act 2003 The Anti-Terrorism and Crime Act 2003 is amended in accordance with Schedule 3. 2008/755, art. File:The Proceeds of Crime Act 2002 (Recovery of Cash in Summary Proceedings- Minimum Amount) Order 2002 (UKSI 2002-3016).pdf From Wikimedia Commons, the free media repository Jump to navigationJump to search File File history File usage on Commons File usage on other wikis Metadata Size of this JPG preview of this PDF file: 424 600 pixels. Proceeds of Crime Act 2002 Act No. Some files may not be accessible for users of assistive technology. You In line with this objective, the Strategy set out proposals to close various loopholes in the legislation. Turning this feature on will show extra navigation options to go to these specific points in time. This date is our basedate. 47A, 47G, 47S(1)-(5) for specified purposes, 1.6.2015 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. This is the original version (as it was originally enacted). 1996/1299 (N.I. 17. The Whole Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 3, Sept. 2005, p. 353. long time to run. 4:01. Links to this primary source To view the other provisions relating to this primary source, see: Section 2, Proceeds of Crime Act 2002 Section 2B, Proceeds of Crime Act 2002 Section 3, Proceeds of Crime Act 2002 All references to legislation are to the Proceeds of Crime Act 2002 ("POCA") unless otherwise stated. Semantic Scholar is a free, AI-powered research tool for scientific literature, based at the Allen Institute for AI. 200 provisions and might take some time to download. This file may not be suitable for users of assistive technology. The role of the prosecutor . Changes that have been made appear in the content and are referenced with annotations. 1.3 This Agreement is intended to set out the shared aims of the parties to implement the Proceeds of Crime Act 2002 (PoC). 200 provisions and might take some time to download. Access essential accompanying documents and information for this legislation item from this tab. This PDF does not include any changes made by correction slips. 13. 2.Subject to that, the Director holds office on the terms 4.The members of staff of the Agency hold office on 5.Dealings in good faith with administrator, 7.Effect of appointment of administrator on diligence, Powers of interim receiver or administrator, Regulated sector and supervisory authorities. ", Tax Evasion and the Proceeds of Crime Act 2002, "Tax evasion and the Proceeds of Crime Act 2002", by Peter Alldridge & Ann Mumford, Legal Studies, v. 25, no. 55(2), 116(1); S.I. 9), Crime and Punishment (Scotland) Act 1997 (c. 48), Police (Northern Ireland) Act 1998 (c. 32), Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), Financial Services and Markets Act 2000 (c. 8), Criminal Justice and Police Act 2001 (c. 16), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. Proceeds of Crime Act 2002 is up to date with all changes known to be in force on or before 09 November 2022. Part 1 of the Serious Crime Act gives effect to these changes. 1. (3) [Amended the following sections (a) section 159(5); For more information see the EUR-Lex public statement on re-use. Proceeds of Crime Act 2002, Section 74 is up to date with all changes known to be in force on or before 06 December 2022. Changes and effects are recorded by our editorial team in lists which can be found in the Changes to Legislation area. 8 para. (c)the prosecutor F3 sends a request for assistance to the Secretary of State with a view to it being forwarded under this section. 1989/2405 (N.I. This is a compilation of the Proceeds of Crime Act 2002 that shows the text of the law as amended and in force on 17 February 2021 (the compilation date). 4. (3)In a case where a confiscation order has been made and has not been satisfied, discharged or quashed, a request for assistance is a request to the government of the receiving country to secure that. (1) In this Act "Board of Inland Revenue" means the Board of Inland Revenue established by section 3 of the Income Tax Act; "business" means an activity carried on for the purpose . 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