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PROCEEDS OF CRIME ACT 2002

UK Public General Acts

Version 18/06/2009

2002 CHAPTER 29

Default Geographical Extent: E+W+S+N.I.


  • Part 1. [F1 Introductory]
  • Part 2 (E+W). Confiscation: England and Wales
    • Confiscation orders (E+W)
    • Procedural matters (E+W)
    • Reconsideration (E+W)
    • Defendant absconds (E+W)
    • Appeals (E+W)
    • Enforcement authority (E+W)
    • Enforcement as fines etc (E+W)
    • Restraint orders (E+W)
    • Management receivers (E+W)
    • Enforcement receivers (E+W)
    • Director’s receivers (E+W)
    • Application of sums (E+W)
    • Restrictions (E+W)
    • Receivers: further provisions (E+W)
    • Seized money (E+W)
    • Financial investigators (E+W)
    • Exercise of powers (E+W)
    • Committal (E+W)
    • Compensation (E+W)
    • Enforcement abroad (E+W)
    • Interpretation (E+W)
    • General (E+W)
  • Part 3 (S). Confiscation: Scotland
    • Confiscation orders (S)
    • Procedural matters (S)
    • Reconsideration (S)
    • Accused unlawfully at large (S)
    • Appeals (S)
    • Payment and enforcement (S)
    • Restraint orders etc (S)
    • Realisation of property: general (S)
    • Exercise of powers (S)
    • Administrators: general (S)
    • Compensation (S)
    • Enforcement abroad (S)
    • Interpretation (S)
    • General (S)
  • Part 4 (N.I.). Confiscation: Northern Ireland
    • Confiscation orders (N.I.)
    • Procedural matters (N.I.)
    • Reconsideration (N.I.)
    • Defendant absconds (N.I.)
    • Appeals (N.I.)
    • Enforcement authority (N.I.)
    • Enforcement as fines etc (N.I.)
    • Restraint orders (N.I.)
    • Management receivers (N.I.)
    • Enforcement receivers (N.I.)
    • Director’s receivers (N.I.)
    • Application of sums (N.I.)
    • Restrictions (N.I.)
    • Receivers: further provisions (N.I.)
    • Seized money (N.I.)
    • Financial investigators (N.I.)
    • Exercise of powers (N.I.)
    • Committal (N.I.)
    • Compensation (N.I.)
    • Enforcement abroad (N.I.)
    • Interpretation (N.I.)
    • General (N.I.)
  • Part 5. Civil recovery of the proceeds etc. of unlawful conduct
    • Chapter 1. Introductory
    • Chapter 2. Civil recovery in the High Court or Court of Session
      • Proceedings for recovery orders
      • Property freezing orders (England and Wales and Northern Ireland)
      • Interim receiving orders (England and Wales and Northern Ireland)
      • Property freezing orders and interim receiving orders: registration]
      • Interim receiving orders: further provisions]
      • Prohibitory property orders (Scotland)
      • Interim administration orders (Scotland)
      • Vesting and realisation of recoverable property
      • Exemptions etc.
      • Miscellaneous
    • Chapter 3. Recovery of cash in summary proceedings
      • Searches
      • Seizure and detention
      • Forfeiture
      • Supplementary
    • Chapter 4. General
      • Recoverable property
      • Insolvency
      • Delegation of enforcement functions
      • Interpretation
  • Part 6. Revenue Functions
    • General functions
    • Inheritance tax functions
    • General
  • Part 7. Money Laundering
    • Offences
    • Consent
    • Disclosures
    • Threshold amounts
    • Interpretation
  • Part 8. Investigations
    • Chapter 1. Introduction
    • Chapter 2 (E+W+N.I.). England and Wales and Northern Ireland
      • Judges and courts (E+W+N.I.)
      • Production orders (E+W+N.I.)
      • Search and seizure warrants (E+W+N.I.)
      • Disclosure orders (E+W+N.I.)
      • Customer information orders (E+W+N.I.)
      • Account monitoring orders (E+W+N.I.)
      • Evidence overseas (E+W+N.I.)
      • Code of practice (E+W+N.I.)
      • Interpretation (E+W+N.I.)
    • Chapter 3 (S). Scotland
      • Production orders (S)
      • Search warrants (S)
      • Disclosure orders (S)
      • Customer information orders (S)
      • Account monitoring orders (S)
      • General (S)
    • Chapter 4. Interpretation
  • Part 9. Insolvency etc.
    • Bankruptcy in England and Wales
    • Sequestration in Scotland
    • Bankruptcy in Northern Ireland
    • Winding up in England and Wales and Scotland
    • Winding up in Northern Ireland
    • Floating charges
    • Limited liability partnerships
    • Insolvency practitioners
    • Interpretation
  • Part 10. Information
    • England and Wales and Northern Ireland
    • Scotland
    • Overseas purposes
  • Part 11. Co-operation
  • Part 12. Miscellaneous and general
    • Miscellaneous
    • General
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  • Version as enacted

Introductory Text

Proceeds of Crime Act 2002

2002 CHAPTER 29

An Act to establish the Assets Recovery Agency and make provision about the appointment of its Director and his functions (including Revenue functions), to provide for confiscation orders in relation to persons who benefit from criminal conduct and for restraint orders to prohibit dealing with property, to allow the recovery of property which is or represents property obtained through unlawful conduct or which is intended to be used in unlawful conduct, to make provision about money laundering, to make provision about investigations relating to benefit from criminal conduct or to property which is or represents property obtained through unlawful conduct or to money laundering, to make provision to give effect to overseas requests and orders made where property is found or believed to be obtained through criminal conduct, and for connected purposes.

[24th July 2002]

B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1 Act modified (21.2.2009) by Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), arts. 1, 3, Sch.


Part 1
[F1 Introductory]



Annotations:

Amendments (Textual)

F1 Pt. 1 heading substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 122; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)


F2 1 The Agency and its Director

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F2 S. 1 repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 123, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)


F3 2 Director’s functions: general

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Annotations:

Amendments (Textual)

F3 S. 2 repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 123, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)


[F4 2A Contribution to the reduction of crime

(1) A relevant authority must exercise its functions under this Act in the way which it considers is best calculated to contribute to the reduction of crime.

(2) In this section “a relevant authority” means—

(a) SOCA,
(b) the Director of Public Prosecutions,
(c) the Director of Public Prosecutions for Northern Ireland,
(d) the Director of Revenue and Customs Prosecutions, or
(e) the Director of the Serious Fraud Office.
(3) In considering under subsection (1) the way which is best calculated to contribute to the reduction of crime a relevant authority must have regard to any guidance given to it by—

(a) in the case of SOCA, the Secretary of State,
(b) in the case of the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office, the Attorney General, and
(c) in the case of the Director of Public Prosecutions for Northern Ireland, the Advocate General for Northern Ireland.
(4) The guidance must indicate that the reduction of crime is in general best secured by means of criminal investigations and criminal proceedings.

(5) The reference in this section to the Advocate General for Northern Ireland is to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26) , as a reference to the Attorney General for Northern Ireland.

Annotations:

Amendments (Textual)

F4 Ss. 2A-2C inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 124; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)


2B SOCA and members of SOCA's staff

(1) For the purposes of this Act SOCA is the Serious Organised Crime Agency.

(2) Anything which SOCA is authorised or required to do under this Act (whether directly or through its staff) may be done by a person providing services under arrangements made by SOCA if the person is authorised by SOCA (whether generally or specifically) for that purpose.

(3) References in this Act to members of SOCA's staff are to be read in accordance with paragraph 8(4) of Schedule 1 to the Serious Organised Crime and Police Act 2005 (c. 15) (employees of SOCA or persons seconded to SOCA to serve as members of its staff).

Annotations:

Amendments (Textual)

F4 Ss. 2A-2C inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 124; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)


2C Prosecuting authorities

(1) Anything which the Director of Public Prosecutions is authorised or required to do under, or in relation to, Part 5 or 8 of this Act may be done by a member of his staff if the member of staff is authorised by the Director (generally or specifically) for that purpose.

(2) Anything which the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office is authorised or required to do under, or in relation to, Part 5 or 8 of this Act may be done by a member of his staff if the member of staff is authorised by the Director concerned (generally or specifically) for that purpose.

(3) Anything which a relevant Director or a member of his staff is authorised or required to do under, or in relation to, Part 5 or 8 of this Act may be done by a person providing services under arrangements made by the relevant Director if the person is authorised by the relevant Director (whether generally or specifically) for that purpose.

[F5 (3A) Subsection (3) does not apply to the functions of the Director of Public Prosecutions for Northern Ireland and the Director of Revenue and Customs Prosecutions under section 302A.]

(4) In this section “relevant Director” means—

(a) the Director of Public Prosecutions,
(b) the Director of Public Prosecutions for Northern Ireland,
(c) the Director of Revenue and Customs Prosecutions, or
(d) the Director of the Serious Fraud Office.]
Annotations:

Amendments (Textual)

F4 Ss. 2A-2C inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 124; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F5 S. 2C(3A) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 84(2), 94(1); S.I. 2008/755, art. 17(1)(h)


3 Accreditation and training

(1) The [F6 National Policing Improvement Agency ] must [F7 provide] a system for the accreditation of financial investigators.

(2) The system of accreditation must include provision for—

(a) the monitoring of the performance of accredited financial investigators, and
(b) the withdrawal of accreditation from any person who contravenes or fails to comply with any condition subject to which he was accredited.
(3) A person may be accredited—

(a) in relation to this Act;
(b) in relation to particular provisions of this Act.
(4) But the accreditation may be limited to specified purposes.

(5) A reference in this Act to an accredited financial investigator is to be construed accordingly.

F8 (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The [F9 National Policing Improvement Agency] must make provision for the training of persons in—

(a) financial investigation, and
(b) the operation of this Act.
F10 (8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F6 Words in s. 3(1) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 120(2)(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F7 Word in s. 3(1) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 120(2)(b); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F8 S. 3(6) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 120(3), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)

F9 Words in s. 3(7) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 120(4); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F10 S. 3(8) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 120(5), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)


F11 4 Co-operation

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Annotations:

Amendments (Textual)

F11 S. 4 repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 125, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)


F12 5 Advice and assistance

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Annotations:

Amendments (Textual)

F12 S. 5 repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 125, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)


Part 2 (E+W)
Confiscation: England and Wales



Annotations:

Modifications etc. (not altering text)

C2 Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)

C3 Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)

C4 Pt. 2: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)


Confiscation orders (E+W)


6 Making of order (E+W)

(1) The Crown Court must proceed under this section if the following two conditions are satisfied.

(2) The first condition is that a defendant falls within any of the following paragraphs—

(a) he is convicted of an offence or offences in proceedings before the Crown Court;
(b) he is committed to the Crown Court for sentence in respect of an offence or offences under section 3, 4 or 6 of the Sentencing Act;
(c) he is committed to the Crown Court in respect of an offence or offences under section 70 below (committal with a view to a confiscation order being considered).
(3) The second condition is that—

(a) the prosecutor F13 ... asks the court to proceed under this section, or
(b) the court believes it is appropriate for it to do so.
(4) The court must proceed as follows—

(a) it must decide whether the defendant has a criminal lifestyle;
(b) if it decides that he has a criminal lifestyle it must decide whether he has benefited from his general criminal conduct;
(c) if it decides that he does not have a criminal lifestyle it must decide whether he has benefited from his particular criminal conduct.
(5) If the court decides under subsection (4) (b) or (c) that the defendant has benefited from the conduct referred to it must—

(a) decide the recoverable amount, and
(b) make an order (a confiscation order) requiring him to pay that amount.
(6) But the court must treat the duty in subsection (5) as a power if it believes that any victim of the conduct has at any time started or intends to start proceedings against the defendant in respect of loss, injury or damage sustained in connection with the conduct.

(7) The court must decide any question arising under subsection (4) or (5) on a balance of probabilities.

(8) The first condition is not satisfied if the defendant absconds (but section 27 may apply).

(9) References in this Part to the offence (or offences) concerned are to the offence (or offences) mentioned in subsection (2).

Annotations:

Amendments (Textual)

F13 Words in s. 6(3)(a) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 2, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)

Commencement Information

I1 S. 6 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch. (with arts. 3(1), 7, 10-13) (as amended (6.3.2003) by S.I. 2003/531, art. 3)


7 Recoverable amount (E+W)

(1) The recoverable amount for the purposes of section 6 is an amount equal to the defendant’s benefit from the conduct concerned.

(2) But if the defendant shows that the available amount is less than that benefit the recoverable amount is—

(a) the available amount, or
(b) a nominal amount, if the available amount is nil.
(3) But if section 6(6) applies the recoverable amount is such amount as—

(a) the court believes is just, but
(b) does not exceed the amount found under subsection (1) or (2) (as the case may be).
(4) In calculating the defendant’s benefit from the conduct concerned for the purposes of subsection (1) , any property in respect of which—

(a) a recovery order is in force under section 266, or
(b) a forfeiture order is in force under section 298(2) ,
must be ignored.
(5) If the court decides the available amount, it must include in the confiscation order a statement of its findings as to the matters relevant for deciding that amount.

Annotations:

Modifications etc. (not altering text)

C2 Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)

C3 Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)

Commencement Information

I2 S. 7 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.


8 Defendant’s benefit (E+W)

(1) If the court is proceeding under section 6 this section applies for the purpose of—

(a) deciding whether the defendant has benefited from conduct, and
(b) deciding his benefit from the conduct.
(2) The court must—

(a) take account of conduct occurring up to the time it makes its decision;
(b) take account of property obtained up to that time.
(3) Subsection (4) applies if—

(a) the conduct concerned is general criminal conduct,
(b) a confiscation order mentioned in subsection (5) has at an earlier time been made against the defendant, and
(c) his benefit for the purposes of that order was benefit from his general criminal conduct.
(4) His benefit found at the time the last confiscation order mentioned in subsection (3) (c) was made against him must be taken for the purposes of this section to be his benefit from his general criminal conduct at that time.

(5) If the conduct concerned is general criminal conduct the court must deduct the aggregate of the following amounts—

(a) the amount ordered to be paid under each confiscation order previously made against the defendant;
(b) the amount ordered to be paid under each confiscation order previously made against him under any of the provisions listed in subsection (7).
(6) But subsection (5) does not apply to an amount which has been taken into account for the purposes of a deduction under that subsection on any earlier occasion.

(7) These are the provisions—

(a) the Drug Trafficking Offences Act 1986 (c. 32) ;
(b) Part 1 of the Criminal Justice (Scotland) Act 1987 (c. 41) ;
(c) Part 6 of the Criminal Justice Act 1988 (c. 33) ;
(d) the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17) ) ;
(e) Part 1 of the Drug Trafficking Act 1994 (c. 37) ;
(f) Part 1 of the Proceeds of Crime (Scotland) Act 1995 (c. 43) ;
(g) the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9) ) ;
(h) Part 3 or 4 of this Act.
(8) The reference to general criminal conduct in the case of a confiscation order made under any of the provisions listed in subsection (7) is a reference to conduct in respect of which a court is required or entitled to make one or more assumptions for the purpose of assessing a person’s benefit from the conduct.

Annotations:

Modifications etc. (not altering text)

C2 Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)

C3 Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)

Commencement Information

I3 S. 8 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.