Criminal Law Legislation Update
| Author | Joanne Clough |
| DOI | 10.1177/0022018318756106 |
| Published date | 01 February 2018 |
| Date | 01 February 2018 |
| Subject Matter | Criminal Law Legislation Update |
Criminal Law Legislation Update
Criminal Law Legislation Update:
As at 8 January 2018
Joanne Clough
Ulster University, UK
Proceeds of Crime Act 2002 (Application of Police and Criminal
Evidence Act 1984) (Amendment) Order 2017
This Order (SI 2017/1222) amends the Proceeds of Crime Act 2002 (POCA 2002) (Application of
Police and Criminal Evidence Act 1984) Order 2015 (SI 2015/759) which applies the provisions of
the Police and Criminal Evidence Act 1984 search and seizure warrants obtained in confiscation,
money laundering and detained cash investigations for the purposes of s. 341 of the POCA 2002.
The Criminal Finances Act 2017 (CFA 2017) amended POCA 2002; to create two new categories
of investigation, a ‘detained property investigation’ and a ‘frozen funds investigation’; to support
new powers to forfeit certain listed items of property, such as jewels or precious metals; and to
forfeit funds in bank accounts. This permits law enforcement officers to apply to the relevant court
(the magistrates’ court in England, Wales and Northern Ireland, and the sheriff’s court in Scotland)
for an order under the investigatory powers provisions in Part 8 of POCA 2002, to include the new
detained property investigations and frozen funds investigations. The POCA 2002 (Application of
Police and Criminal Evidence Act 1984) (Amendment) Order 2017 allows for the two ne w types of
investigations within Articles 2–4 of SI 2015/759. These changes will provide a procedure to
follow in the magistrates’ courts. The changes come into force on 16 April 2018 so far as it relates
to amendments referring to detained property investigations, and otherwise comes into force on 31
January 2018.
POCA 2002 (Investigations in Different Parts of the UK)
(Amendment) Order 2017
The POCA 2002 (Investigations in different parts of the UK) (Amendment) Order 2017 (SI 2017/1280)
(2017 Order) amends the POCA 2002 (Investigations in different parts of the UK) Order 2003 (SI 2003/
425) (2003 Order), which contains the UK enforcement procedures for orders made, and search and
seizure warrants issued, relating to investigations under Part 8 of the POCA 2002. The 2003 Order
provides enforcement procedures where s. 18 of the Civil Jurisdiction and Judgments Act 1982 (enforce-
ment of UK judgments in other parts of UK) does not apply.
Paragraphs 2(b) and (h) of the Schedule to the 2017 Order provide that disclosure orders can be
obtained within a money laundering investigation, as a result of the amendments made to POCA 2002 by
ss 7 and 8 of the CFA 2017. These sections removed the restriction preventing disclosure orders from
being available in money laundering investigations.
Under Part 7 of POCA 2002, a regulated entity (as defined in Sch. 9 of POCA 2002) must
report any suspicion of money laundering and must seek consent from a nominated officer, a
The Journal of Criminal Law
2018, Vol. 82(1) 3–6
ªThe Author(s) 2018
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DOI: 10.1177/0022018318756106
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