Avon and Somerset Constabulary - Proceeds of Crime Act 2002

Proceeds of Crime Act 2002

The Proceeds of Crime Act 2002 (POCA) was introduced so that police and law enforcement agencies could reduce the harm caused by crime and perceptions of crime.

A prison sentence may be viewed as an occupational hazard by a criminal, however the removal of all of their assets can have a far deeper impact. POCA deters people from crime by making sure that crime does not pay!

Money Laundering

Money laundering is the process by which funds and assets derived from criminal activity are given the appearance of legitimacy so that they can be spent openly by criminals.

Under POCA, the definition of money laundering is wide. It can include a person who is involved in concealing, disguising, converting, transferring, removing or simply possessing criminal assets as a result of, or in connection with, criminal conduct.

Money laundering legislation focuses on the existence of the benefit itself, not on how the benefit was acquired. The very fact that a person is in possession of criminal property means that they could be charged with money laundering in addition to any other offence they may have committed.

Did you know?

Money laundering offences can target those who are several stages removed from the original crime.

In some cases it may not be necessary to prove what crime was committed or who committed it, only that a person was laundering, intending to launder, or assisting someone else to launder the proceeds from criminal offences.

Money laundering is seen as a serious offence that carries a potential 14 years in prison.

Cash Seizure

POCA gives Police Officers, HM Revenue & Customs Officers, and Accredited Financial Investigators the power to seize, detain and seek the forfeiture of cash of £1,000 or more if they have reasonable grounds to suspect that it derives from crime or is intended for use is a crime.

Cash Seizure and Forfeiture is judged to the civil standard of proof, based on the balance of probabilities in a Magistrates Court and does not require a criminal conviction.

Did you know?

Cash seizure is a simple process which has the potential to disrupt a wide range of criminality from street drug dealing to organised crime gangs, and it demonstrates to communities that action is being taken.

Restraint

The power to restrain assets is an essential tool in the asset recovery process. Restraint is necessary to stop a person who has benefited from their crime from being able to dissipate or spend their money, or sell, transfer or hide their assets or property before a confiscation order is made.

Confiscation

Confiscation is a process by which the benefit from criminality is calculated and an equivalent amount (where recoverable) is returned to the state or the victim. Under POCA, confiscation is possible in cases where the offender has benefited directly or indirectly from their crime.

Did you know?

A confiscation order lasts until it is paid in full. If it is not repaid within the time given by the courts, a default sentence is served on top of any sentence already imposed, and the amount of the outstanding confiscation order remains to be paid, plus interest.

Civil Recovery

Civil recovery enables the ownership of property to be transferred away from an individual if the High Court decides that the property was obtained through unlawful conduct or that it represents such property.

Civil recovery is judged to the civil standard of proof based on the balance of probabilities. This means that assets can be removed from those who have not been convicted, such as family members or where confiscation orders have not been made post conviction.

Did you know?

Civil recovery can be used when the person has died, fled the country, has kept themselves distant from the crime they control, or stayed outside the reach of the criminal justice system.

Incentivisation

Under the current scheme, government and law enforcement agencies such as police, local trading standards, and prosecutors are able to get back a proportion of assets confiscated from criminals using the Proceeds of Crime Act, but first, any victims that have suffered a financial loss from those offences will receive compensation.

These funds can be used at a local level to support crime fighting services and community projects. 50 per cent of confiscated funds are retained by the Home Office and recycled into crime fighting initiatives.