3.9 Proceeds Of Crime

Question 1

What is immaterial under S340(4) of the POCA?

Answer 1

Who carried out the criminal conduct
Who benefited from it
Whether the conduct occurred before or act the passing of the act

Question 2

When is property criminal?

Answer 2

It constitutes a person benefit from criminal conduct or represents such benefit

And the alleged offender knows/ suspects that it constitutes/ represents such benefit

Question 3

S327 POCA

Answer 3

Conceals
Disguises
Converts
Transfers
Removes from EWSNI

Any criminal property

Question 4

When does someone not commit an offence under S327 POCA

Answer 4

Makes an authorised disclosure and has the appropriate consent

Intended to do the above but has a reasonable excuse for not doing so

The act he does is done in carrying out a function he has relating to enforcement

Question 5

S328 POCA

Answer 5

He enters into or becomes concerns in an arrangement

Which he knows or suspects facilitates the acquisition, retention, use or control of criminal property on behalf of others

Question 6

S329 POCA

Answer 6

Acquires, uses or posses criminal property

Question 7

S1(1) Criminal damage Act

S30 Crime and disorder act

Answer 7

Without lawful excuse

Destroys or damages

Any property belonging to another

Intending or being reckless as so whether such property would be destroyed or damaged m

Question 8

What classifies as a lawful excuse?

Answer 8

He had consent or would have consented

Or to pretext some property which was in immediate need of protection