Summary
The Proceeds of Crime Act 2002 (POCA) provides the principal framework for the recovery of criminal assets in England and Wales. It establishes confiscation orders following conviction, civil recovery of the proceeds of unlawful conduct, cash seizure and forfeiture, and money laundering offences. It also created the Assets Recovery Agency (now merged into the National Crime Agency).
Key Points
- Confiscation orders after conviction — criminal lifestyle assumptions (Part 2)
- Civil recovery of proceeds of unlawful conduct without conviction (Part 5)
- Cash seizure and detention powers for law enforcement (Part 5, Chapter 3)
- Money laundering offences: concealing, arranging, acquiring (ss.327–329)
- Failure to disclose / tipping off offences (ss.330–333)
- Suspicious Activity Reports (SARs) regime
- Unexplained Wealth Orders added by Criminal Finances Act 2017
Parts & Sections
Amendments History
2017 — Criminal Finances Act 2017
Introduced Unexplained Wealth Orders (UWOs) and extended civil recovery powers.