Criminal money, civil proceedings and european law 8. The proceeds of crime act 2002 poca came into force in february 2003, introducing a new antimoney laundering regime. Proceeds of crime an act to empower the police, customs and the courts in relation to money laundering, search, seizure and confiscation of the proceeds of crime and for connected purposes. The proceeds of crime act 2002 can be used for recovering criminal assets. The new act unifies the confiscation regimes for drugs and other offenses. The new edition incorporates indepth coverage of the relevant legislation, with analysis of the proceeds of crime act 2002 and reference to case law under both the drug trafficking act 1994 and the criminal justice act 1988. This book will be simply indispensable to anyone concerned with the criminal law. The proceeds of crime is an authoritative and accessible book, now rightly into its third edition.
An act to amend the proceeds of crime act 1996 and to provide for related matters. Confiscation orders are available following a conviction. Confiscation in the uk is covered by the proceeds of crime act 2002 poca a piece of legislation described by many as draconian. Proceeds of crime act 2002 an act establishing the assets recovery agency to allow the recovery of property obtained through unlawful conduct mon 19. This is a compilation of the proceeds of crime act 2002 that shows the text of the law as amended and in force on 1 december 2016 the compilation date.
Serious economic crime a boardroom guide to prevention and compliance. The notes at the end of this compilation the endnotes include information about amending laws. The act was introduced sixteen years ago to deny criminals the use of their assets, to recover the proceeds of crime and to. Proceeds of crime act 2002 is up to date with all changes known to be in force on or before 26 august 2019. Previous editions have been essential companions for proceeds of crime practitioners, in private. Proceeds of crime act used for first time against criminal.
The proceeds of crime act article 1 declaration of purpose it is the purpose of this act to contribute to the maintenance of sound social order by eliminating, from the root, economic factors that induce predicate offenses, through stipulating provisions that. Blackstones guide to the proceeds of crime act 2002 4th. Buy blackstones guide to the proceeds of crime act 2002. These regulations may be cited as the proceeds of crime money cimion laundering prevention regulations, 2007. I in these regulations i applicant for business means a person seeking to form a business.
Canadian criminal sentencingproceeds of crime wikibooks. An enforcement authority would not need to demonstrate that the money was the. Orders under the criminal proceeds confiscation act can be made in relation to proceeds of criminal acts committed outside of queensland as well as act committed within queensland. Codes of practice code of practice for constables in scotland under the proceeds of crime act 2002 code of practice issued under section 410 of the proceeds of crime. This is a compilation of the proceeds of crime act 2002 that shows the text of the law as amended and in force on 11 may 2018 the compilation date. Millington and sutherland williams on the proceeds of crime provides a definitive guide to all aspects of the law concerning the recovery of the proceeds of crime in england and wales. Code of practice issued under section 303g of the proceeds of crime act 2002. All references to legislation are to the proceeds of crime act 2002 poca or the act unless otherwise stated. The fifth edition of this popular blackstones guide provides a clear and accessible exploration of. Pdf the proceeds of crime in tanzania as explained by. This book provides an authoritative analysis of the new act, with particular emphasis on the practical aspects of applying for and resisting confiscation orders.
Proceeds of crime act an act to establish the procedure for the confiscation of the proceeds of certain offences and for the criminalising of money laundering. The prime minister further noted that the terrorism prevention act is. The book also deals well with the debate about how the human rights act 1998 affects the application of the legislation, in particular the so called statutory assumptions which can result in. This edition was prepared under the authority of the revised statutes and regulations act, r. Proceeds of crime act 2002 is up to date with all changes known to be in force on or before 09 may 2020. Dealing with property suspected of being proceeds of crime can be found under section 193c crimes act 1900 nsw. Civil devices and the financial element of crime references.
Revised legislation carried on this site may not be fully up to date. W hen enacted almost a decade ago, the uk proceeds of crime act 2002 poca was hailed as a powerful new tool that would help. Confiscation proceedings seek to recover any financial benefit that an individual has gained as a result of his offending. It provides an easily navigable stepbystep approach that considers how the legislation is geared to ensuring that criminals do not benefit from their crimes financially, as well as detailed coverage of every. Commonwealth legislation could also apply in these circumstances. Proceedings under the confiscation of proceeds of crime. Role of the prosecutor on 2 december 2002, the dpp signed a service level agreement sla with the association of chief police officers of england and wales acpo, which is a general guide to cooperation between the. An act to amend the proceeds of crime act and provide for connected matters. Acts proceeds of crime scotland act 1995 proceeds of crime act 2002 pt. Code of practice issued under section 303g of the proceeds of crime act 2002 recovery of listed assets. The power to make a confiscation order derives from the proceeds of crime act 2002 poca 2002.
The proceeds of crime act 2002 introduces a new regime for seizing assets that have been acquired through criminal conduct. Within customs he has been responsible for the implementation of many of the main developments in this area of law, including the criminal justice act 1988, the drug trafficking act 1994, and will now oversee in his unit the introduction of the proceeds of crime act 2002. The electronic irish statute book eisb comprises the acts of the oireachtas parliament, statutory instruments, legislation directory, constitution and a limited number of pre1922 acts. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law.
The proceeds of crime act poca was passed by parliament in 2007 to replace the money laundering act mla and provides for the investigation, identification and recovery of the proceeds of crime and connected matters. The proceeds of crime act 2002 poca mainly came into force in march 2003, introducing a new antimoney laundering regime. Purpose the purpose of this act is to contribute to the maintenance of a sound social order by regulating activities that disguise the acquisition of criminal proceeds related to specific crimes, conceal criminal proceeds for the purpose of. Blackstones guide to the proceeds of crime act 2002 by. The proceeds of crime regime is based on the principle that offenders should not be allowed to profit from enterprises that capitalise on their criminal activities. This act may be cited as the proceeds of crime act. Blackstones guide to the proceeds of crime act 2002. In broad terms, the confiscation of proceeds of crime act 1989 the act empowers a court, upon the conviction of a defendant, to make orders for the confiscation of property derived from or used to commit a serious offence within the meaning of the act. In some circumstances it can also be used to confiscate the proceeds of crime against foreign law or the proceeds of crime against state law. Millington and sutherland williams on the proceeds of crime 5e. Blackstones guide to the proceeds of crime act 2002 book. The proceeds of crime act 2002 the act was passed on 11 october 2002 and came into operation on 1 january 2003 the act provides a scheme to trace, restrain and confiscate the proceeds of crime against commonwealth law.
The book provides a concise, but comprehensive tour of the proceeds of crime landscape, from restraint, ancillary and other orders through to confiscation and civil recovery, and on to. Mitchell, taylor and talbot on confiscation and the. Millington and sutherland williams on the proceeds of. R55 by the attorney general as law revision commissioner. This book is a practical and accessible guide to the proceeds of crime act 2002 and its associated statutes, and also the formidable body of case law it. Confiscation and the proceeds of crime international. The proceeds of crime act explained the student lawyer. Proceeds of crime amendment act 2016 irish statute book. The nine legal jurisdictions of australia have a patchwork of laws directed. Given the serious and complex nature of this offence and the fact with a charge of this offence oftentimes the authorities will utilise the confiscation of proceeds of crime act 1989 nsw to confiscate the property that is being dealt with we highly.
Proceeds of crime designated authority order ln 1602003. Confiscation, proceeds and the civil standard of proof 3. Everyday low prices and free delivery on eligible orders. This act has its own page in the egrey book of seychelles. This need has been handsomely met by the authors and the publishers of this book. Proceeds of crime civil confiscation procedure rules, 2016. Commencement 29th december, 2000 part i preliminary introductory 1. Proceeds of crime civil confiscation act seychelles.
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