High Court Civil Recovery Part 5 of the Proceeds of Crime Act 2002 (POCA) is the civil part of that Act – it is in Part 5 that you will find cash Forfeiture Orders, and now Unexplained Wealth Orders and Account Freezing Orders – Part 5 is growing! But right from the beginning, the Act included Civil…
The Law Commission announced on 7 November 2018 that it is reviewing Part 2 of POCA 2002 to consider ways in which the law on confiscation could be improved. For more information see:https://www.lawcom.gov.uk/confiscation-regime-review-to-ensure-crime-doesnt-pay/ POCLA has been informed that the Law Commission is hosting an evening on 22 November 2018 in Liverpool with practitioners to discuss…
An article by Jonathan Lennon Production Orders (whether under s9, Schd 1 of PACE, s55 of the Drug Trafficking Act 1994 – or s345 of POCA) are usually pretty much ignored by defenders representing clients on a criminal matter. This is for good reason; such orders appear routine, usually relating to the formal production of…
John Binns looks at the Law Commission’s consultation on the problem of Suspicious Activity Reports. The Law Commission is currently consulting on aspects of the Suspicious Activity Reports (SARs) Regime under the Proceeds of Crime Act 2002 (POCA), with a deadline for responses of 5 October 2018. By way of background, this regime comprises two…
POCLA Law Commission
The Fourth EU Anti-Money Laundering Directive (“4MLD”) was implemented in the UK on Monday 26 June 2017 when the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer Regulations) 2017 (“2017 Regulations”) came into force. Although 4MLD extends the scope of the anti-money laundering (“AML”) regime to all “providers of gambling services”…
John Binns discusses the introduction of complex new offences in the Criminal Finances Act 2017, aimed at putting pressure on businesses to stop those who help others evade tax. The Criminal Finances Act 2017 contains a number of provisions aimed at tackling financial crime, which are expected to come into force later this year. The…
10 March 2017 John Binns and Caroline Mair discuss the key provisions of the UK Anti-Money Laundering regime, a regime which has serious and wide-ranging implications for business. The authors provide a snapshot of those provisions and some practical guidance on how businesses might wish to approach their anti-money laundering responsibilities. The UK’s money laundering legislation…
10 January 2017 Banks in the UK are very heavily regulated, and this can sometimes have a severe impact on individual or business customers. In particular, banks are increasingly deciding to close and/or block accounts without giving reasons, and this can sometimes result in long delays before the customer can access their funds. The principal relevant legislation…
The Proceeds of Crime Act 2002 (POCA) provides for a notoriously draconian regime for making confiscation orders against defendants who are convicted in criminal proceedings. Some of its harshest features arise from the fact that it often reads as if it had been written by Humpty Dumpty in Alice in Wonderland, who said of language…