POCA

Question 1

s340 POCA 2002 - Criminal Conduct
Conduct which constitutes an offences in any part of UK or would do if offence was committed in the UK.

immaterial;
who carried out conduct
who benefited from it
whether conduct occurred before/after the passing of the Act.

Criminal Property if;
it constitutes a persons benefit from criminal conduct or represents such a benefit AND
the def knows/suspects as such

property incls;
real, personal heritable, moveable and
things in action and other intangible property

Mens rea is KNOWING or SUSPECTING
No dishonesty required

Answer 1

s327 Concealing criminal property
e/w 14yrs / 6 mths / fine

offence if;
conceals, disguises, converts, transfers or removes criminal property from England, Wales, Scotland and NI.

incl its nature, source, location, disposition, movement or ownership rights.

No offence if;
makes an authorized disclosure under s338 and has consent
intended to do so but reas excuse for not doing
act is done for enforcement purposes

Overlap with handling however handling is otherwise than in the course of stealing , by/for benefit of another. Can commit s327 during the offence and for benefit of the thief.

Mere suspicion will satisfy elements of offence but NOT an attempt.

Question 2

s328 Arrangements in relation to criminal property.
e/w 14yrs / 6 mths / fine

offence is person enters in an arrangement which knows/suspects facilitates the acquisition, retention, use or control of criminal property by or on behalf of another.

Used when def launders money on behalf of another (eg accountant)

Does not cover property which only became criminal property through the arrangement.

Same defences as s327

Answer 2

s329 Acquisition, Use and Possession of criminal property.
e/w 14 yrs / 6 mths / fine

offences;
acquires, uses or has possession of criminal property.

A thief may be guilty of this if they retain stolen goods!

same defences as s327 with added defence for tradesman who are not required to ask for origin of funds to pay for services however they commit offence if know/suspect service to be paid with criminal property.