Criminal conduct Definition

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What does Criminal conduct mean?

Defined in the Proceeds of Crime Act 2002 (POCA 2002), s 340 as conduct which constitutes a criminal offence in any part of the UK or would do so if it occurred there.

It is immaterial under POCA 2002 who carried out the conduct, who benefitted from it and whether the conduct occurred before the passing POCA 2002. POCA 2002, s 230 further defines 'criminal property' as property which constitutes or represents, in whole or in part and whether directly or indirectly, a person's benefit from criminal conduct and the alleged offender knows or suspects that it constitutes or represents such a benefit.

View the related checklists about Criminal conduct

Powers of public authorities under the Investigatory Powers Act 2016—checklist

Powers of public authorities under the Investigatory Powers Act 2016—checklist STOP PRESS: The Investigatory Powers (Amendment) Act 2024 (IP(A)A 2024) received Royal Assent on 25 April 2024. The Act is the first major amendment of the Investigatory Powers Act 2016 since it was enacted and seeks to expand the surveillance powers of the UK’s police, intelligence services and government. The Investigatory Powers (Amendment) Act 2024 (Commencement No 1 and Transitional Provisions) Regulations 2024, SI 2024/1021 brings certain provisions of the IP(A)A 2024 into force on 14 October 2024. This Checklist is in the process of being updated to reflect the changes. The Investigatory Powers Act 2016 (IPA 2016) overhauls the legal framework governing the use of covert surveillance by public bodies, a framework which is largely, but not exclusively, set out by the Regulation of Investigatory Powers Act 2000 (RIPA 2000). This Checklist sets out the public authorities which have the power to apply for an authorisation to obtain communications data under IPA 2016, Pt 3. Authorisations to obtain communications data...

Advising suspects on identification procedures—checklist

Advising suspects on identification procedures—checklist • Is identification in dispute? • Will an identification procedure serve a 'useful purpose'? An identification procedure will not serve a 'useful purpose' if: ◦ the case is one of a witness recognising someone when seeing them commit a crime, or ◦ the witness will not be able to identify the person they saw • Has a copy of the witness’s first description been disclosed? (Note: there is no entitlement to a copy of the original description before a decision is made about the identification procedure) • If a copy has been disclosed, what is the first description of the person the witness saw? • Is there any disparity between the original description provided and description given in any written statement? • What is known about circumstances of the witness's first description of the suspect? ◦ how far away was the suspect? ◦ what was the weather like? ◦ had they seen the suspect before? ◦ was there anything obstructing the witness's view? ◦ how...

Money laundering offences—concealing, disguising, converting, transferring and removing

This Practice Note concerns the concealing offence under section 327 of the Proceeds of Crime Act 2002 (POCA 2002), which is one of the principal money laundering offences under the Act, see Practice Note: Money laundering offences under the Proceeds of Crime Act 2002—The principal money laundering offences. For further information on the other principle money laundering offences, see Practice Notes: Money laundering offences—the arrangement offence and Money laundering offences—acquisition, use and possession.POCA 2002, s 327 offence of concealing etc criminal propertyThe offence is committed when a person does one of the following:•conceals criminal property•disguises criminal property•converts criminal property•transfers criminal property, or•removes criminal property from England and WalesPOCA 2002, s 327(1)(e) is a way of committing the offence which applies when criminal property is removed from the jurisdiction. In contrast, the other ways of committing the concealing offence under POCA 2002, s 327(1) do not mention geographic limitations. In R v Rogers, the Court of Appeal interpreted this as meaning both this and the other offences under POCA 2002, Pt...

Money laundering offences—acquisition, use and possession

This Practice Note covers the offence of acquiring, using or possessing criminal property under section 329 of the Proceeds of Crime Act 2002 (POCA 2002), which is one of the principal money laundering offences under that Act, see Practice Note: Money laundering offences under the Proceeds of Crime Act 2002—The principal money laundering offences. For further information on the other principle money laundering offences, see Practice Notes: Money laundering offences—concealing, disguising, converting, transferring and removing and Money laundering offences—the arrangement offence. The acquisition, use and possession of the proceeds of crime offenceThis offence is committed where a person acquires, uses or has possession of criminal property.For detailed guidance on what constitutes criminal property and criminal conduct, see Practice Note: Principal money laundering offences—mens rea, criminal property and criminal conduct—What is criminal property?As for the mens rea of this offence, mere suspicion will suffice. Dishonesty is not required, nor need the accused know or believe the property in question is criminal property for the substantive offence although, where the prosecution can...

Discover our 236 Practice Notes on Criminal conduct

Internal investigations and fraud investigation policy

Internal investigations and fraud investigation policy 1 Introduction 1.1 This policy sets out the responsibility of employees and management in relation to the investigation of fraud, bribery, facilitation of tax evasion and other business crime (together, ‘financial crime’), within [insert organisation name]. We will not tolerate any level of financial crime and are committed to protecting our assets and promoting honesty and integrity. 1.2 [Insert organisation name] is committed to conducting its business in a transparent, honest and fair manner. All staff and third parties working on behalf of [insert organisation name] are expected to adopt the highest standards of accountability in promoting an ethical culture. 1.3 Where financial crime is suspected, [insert organisation name] will commence an independent investigation of the allegations and remediate appropriately. This may include disciplinary procedures, dismissal and/or the provision of information to relevant criminal prosecution agencies. [Insert organisation name] will, in appropriate circumstances, seek to recover funds lost through financial crime committed or facilitated by employees. 1.4 Common scenarios that may...

Model arrangements for dealing with standards allegations under the Localism Act 2011

Model arrangements for dealing with standards allegations under the Localism Act 2011 1 Context These ‘Arrangements’ set out how you may make a complaint that an elected or co-opted member of this authority [or of a parish council within its area] has failed to comply with the authority’s Code of Conduct, and sets out how the authority will deal with allegations of a failure to comply with the authority’s Code of Conduct. Under section 28(6) and (7) of the Localism Act 2011, the Council must have in place ‘arrangements’ under which allegations that a member or co-opted member of the authority [or of a parish council within the authority’s area], or of a Committee or Sub-Committee of the authority, has failed to comply with that authority’s Code of Conduct can be investigated and decisions made on such allegations. Such arrangements must provide for the authority to appoint at least one Independent Person, whose views must be sought by the authority before it takes a decision...

Dive into our 17 Precedents related to Criminal conduct

What powers does an investigator have to compel the witness to provide a statement during a criminal investigation, where a witness is known to be in the possession of crucial evidence, but is unwilling to provide a section 9 witness statement? Can the witness be forced to give evidence at trial?

What powers does an investigator have to compel the witness to provide a statement during a criminal investigation, where a witness is known to be in the possession of crucial evidence, but is unwilling to provide a section 9 witness statement? Can the witness be forced to give evidence at trial? Certain regulators have specific powers to compel witnesses to give statements during investigations. These are statutory powers which can be used during an investigation into suspected offences and the witness is compelled to attend the interview to answer questions or to provide information. However, as these are powers to compel and the witness has no right of silence as they would do in an interview under caution, there are statutory safeguards restricting the use of any information obtained from the compulsory interview powers. The contents of the interviews cannot be used in evidence against the maker in their subsequent criminal trial unless: • the trial is a prosecution for an offence of providing false or...

Where an company employee agrees to be an Authorising Officer on a company's sponsor licence what personal liability/risk are they opening themselves up to?

Where an company employee agrees to be an Authorising Officer on a company's sponsor licence what personal liability/risk are they opening themselves up to? Our Practice Note Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability confirms the legal basis for the rules which underpin sponsor licence system as follows: ‘In R (New London College Ltd) v Secretary of State for the Home Department (SSHD); R (West London Vocational Training College) v SSHD [2013] UKSC 51, [2013] 4 All ER 195 the Supreme Court held that the Immigration Act 1971 provides a general statutory authority for the SSHD to administer a sponsor licensing system, including vetting sponsors, via rules which do not require to be laid before Parliament. Only mandatory criteria which relate to a person's qualifying for entry clearance, leave to enter or leave to remain must be laid before Parliament as Immigration Rules’. The rules governing the licensing system are therefore contained in the various sponsor guidance documents issued, and periodically...

See the 39 Q&As about Criminal conduct

Corporate Crime weekly highlights—7 November 2024

This week's edition of Corporate Crime weekly highlights includes analysis of the announcement in the Autumn Budget statement of an additional £1.9bn funding for the MoJ and millions of pounds more for criminal prosecutors and fraud investigators, of the FCA’s warning to hedge fund boss Crispin Odey of possible regulatory action after he frustrated an internal probe into a sexual misconduct allegation, and of the petition by the Pension Scams Industry Group pressuring the government to reform tax charges for victims of pension scams. Also included is news of the published guidance for the new failure to prevent fraud offence created by the ECCTA 2023 which is scheduled to take effect on 1 September 2025, of HMRC’s compound settlement offer issued to a UK-based exporter for breach of Russian sanctions and of the new Tobacco and Vapes Bill laid before Parliament which aims to shield future generations from the harmful effects of smoking. All this, and more, in this week’s Corporate Crime highlights.

Corporate Crime weekly highlights—17 October 2024

This week's edition of Corporate Crime weekly highlights includes analysis of the positive change that the UK’s new failure to prevent fraud offence may bring in targeting corporates who profit from the crime, of the implications of the first FCA crypto ATM crackdown and of the new duty for employers to prevent sexual harassment in the workplace. Also included is news of the launch of OTSI and the announcement of a new service to apply for sanctions licences for trade services, of certain provisions of the Investigatory Powers (Amendment) Act 2024 coming into force and of the updated guidance from the G7 on preventing Russian evasion of export controls and sanctions. All this, and more, in this week’s Corporate Crime highlights.

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