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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.
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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...
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...
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Children of a parent with limited leave as a partner under Appendix FM: grant of limited leave to remain—information sheet You have now been granted limited leave to remain in the UK until [insert date] as the child of a parent with limited leave as a partner under Appendix FM. This information sheet outlines some of the key conditions of your stay in the UK, as well as your responsibilities to the Home Office. It is important that you understand these conditions. Please do not hesitate to contact us if you have any queries. Please note that while the information below is correct as at today’s date, UK immigration law is subject to regular change. Accessing your eVisa Your leave to remain (visa to stay in the UK) will be valid until [insert end date] and is issued in digital format (also known as an ‘eVisa’). [If you do not already have a UK Visas & Immigration (UKVI) online account, you will need to go to...
Financial crime investigation procedure—law firms 1 Introduction 1.1 We have processes whereby staff must report any knowledge or suspicion of money laundering, terrorist financing, fraud, bribery, corruption, sanctions breaches, tax evasion, etc to [insert, eg the nominated officer] (see section 3 for more on these processes). They are then under an obligation in certain circumstances to report that knowledge or suspicion to the National Crime Agency (NCA) through a suspicious activity report (SAR) (or, dependent on the nature of the report, to another agency through appropriate channels). 1.2 The NCA allocates those SARs to trained financial crime investigation officers for further investigation. Intelligence from SARs may then be shared by NCA with other law enforcement or government agencies (LEAs), which may need further information. This is a financial crime investigation. 1.3 Where additional information is required from us following a SAR, it will generally be obtained through enforcement action (usually a production order) by an LEA. 1.4 This document sets out our procedure for dealing...
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Are offences in section 33 of the Environmental Protection Act 1990 recordable offences in line with the National Police Records (Recordable Offences) Regulations 2000, SI 200/1139? If so, at what point are they recordable for the purpose of inserting/logging on the Police National Computer? The National Police Records (Recordable Offences) Regulations 2000, SI 2000/1139, reg 3 provides that details of convictions, cautions, and arrests will be recorded in national police records if it concerns any offences punishable with imprisonment or if it concerns offences listed in the National Police Records (Recordable Offences) Regulations 2000, SI 2000/1139, Sch. See Commentary: Recordable offences: Halsbury's Laws of England [65]. The National Police Records (Recordable Offences) Regulations 2000, 2000, SI 2000/1139, Sch does not
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Corporate Crime analysis: Andrew Katzen, partner, and Fiona Bowen, paralegal, both at Hickman & Rose, examine the background to a recent prosecution by the Serious Fraud Office (SFO) concerning a £160m finance fraud, and assess the significance of the sentences imposed and the judiciary’s approach.
Corporate Crime analysis: Should Proceeds of Crime Act 2002 (POCA 2002) confiscation orders include VAT already accounted for? Fiona Jackson of 33 Chancery Lane discusses the Supreme Court’s decision in R v Harvey.
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