Criminal Law Legislation Update
| DOI | 10.1177/0022018318766582 |
| Published date | 01 April 2018 |
| Author | Joanne Clough |
| Date | 01 April 2018 |
| Subject Matter | Criminal Law Legislation Update |
Criminal Law Legislation Update
Criminal Law Legislation Update:
As at 2 March 2018
Joanne Clough
Ulster University, UK
Proceeds of Crime and the Criminal Finances Act 2017 (CFA 2017)
Another raft of secondary legislation has come through relating to the investigation and recovery of the
proceeds of crime.
Criminal Finances Act 2017 (Consequential Amendment) Regulations 2018
The Criminal Finances Act 2017 (Consequential Amendment) Reg ulations 2018 (SI 2018/80) are
made under s. 54(1) Criminal Finances Act (CFA) 2017 and make an amendment to s. 278(7)(a)
of the Proceeds of Crime Act 2002 (POCA 2002). These amendments come into force on 31
January 2018.
Under s. 278(7)(a) POCA 2002, a court may not make a recovery order under s. 266 POCA 2002 if the
court considers that the enforcement authority’s right to recover the property has been satisfied by either
a previous recovery order or a previous consent order. A previous forfeiture order is to be treated as a
previous recovery order according to s. 278(7) POCA 2002. Section 278(7)(a) was amended by the CFA
2017 to include references to forfeiture orders made under the new powers to forfeit certain items of
personal or moveable property and funds in bank accounts. These Regulations make a consequential
amendment to that section, so that a forfeiture order made under s. 303R POCA 2002, to forfeit personal
or moveable property, is captured. This ensures that a consistent approach is taken to all previous orders
made against property.
Proceeds of Crime Act 2002 (Investigations: Code of Practice) Order 2018
This revised Code of Practice (SI 2018/84) comes into force on 31 January 2018 and is made by the
Secretary of State under s. 377 of the POCA 2002. It relates to the exercise of functions under Part
8, Chapter 2 of POCA 2002 concerning the conduct by appropriate officers (defined in s. 378 of
POCA 2002) of certain types of investigations which are authorised by the Act, concerned with the
recovery of the proceeds of criminal conduct. In particular, it applies to the functions of the
Director General and other officers from the National Crime Agency, officers of the Revenue and
Customs, immigration officers, Financial Conduct Authority Officers and accredited financial
investigators and constables (England and Wales only). The Code of Practice applies to England,
Wales and Northern Ireland only. It was required as a result of amendments made to POCA 2002
by the CFA 2017 to extend and create new investigatory functions. In turn, the Proceeds of Crime
Act 2002 (Investigations: Code of Practice) (England and Wales and Northern Ireland) Order 2016
(SI 2016/209) is revoked.
The Journal of Criminal Law
2018, Vol. 82(2) 109–112
ªThe Author(s) 2018
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DOI: 10.1177/0022018318766582
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