Proceeds of Crime Flashcards
What is the purpose of the Proceeds of Crime Act 2002?
Offences and powers under the Proceeds of Crime Act 2002 are connected with day-to-day criminality and are relevant to all police officers
What is criminal conduct?
PoCA 2002, s340
(2) Criminal conduct is conduct which—
(a) constitutes an offence in any part of the United Kingdom, or
(b) would constitute an offence in any part of the United Kingdom if it occurred there
Criminal conduct includes the behaviour of D and any other person.
Any offence, committed by any person, anywhere at all and at any time is ‘criminal conduct’.
Does a connection need to be proven between the criminal act that gave rise to the criminal property?
No- key question for the jury is whether the property is criminal property and if is believed that there would be no other reasonable explanation other than the property is a direct result of crime.
Do not need to make a link between the offence and the property.
What is the purpose of s340(4) of the Act?
s340(4) states that it is immaterial:
- who carried out the criminal conduct;
- who benefited from it;
- whether the conduct occurred before or after the passing of the Act
What is criminal property?
PoCA 2002, s340
(3) Property is criminal property if—
(a) it constitutes a person’s benefit from criminal conduct or it represents such a benefit (in whole or in part and whether directly or indirectly) and,
(b) the alleged offender knows or suspects that it constitutes or represents such a benefit
What are the 3 principal offences relating to money laundering?
s327 concealing criminal property
s328 arrangements in relation to criminal property
s329 acquisition, use and possession of criminal property
What is the definition of property under s327, 328 and 329?
Definition of property does not just relate to money
S340(9) defines property as all property wherever situated and includes:
- money
- all forms of property, real or personal, heritable or movable and
- things in action and other intangible or incorporeal property (relates to property or an asset that does not have value in material form, such as a right or a patent).
What is the MR relating to criminal property and all 3 offences? Case?
MR is knowing or suspecting- dishonesty is not required.
R v Da Silva [2006]- COA upheld conviction, concluding that the word ‘suspect’ meant that D had to think that there was a possibility, which was more than fanciful, that the relevant facts existed. Suspicion alone will suffice which is remarkably less burdensome for the prosecution.
What is the offence for concealing criminal property?
PoCA 2002, s327
(1) A person commits an offence if he—
(a) conceals criminal property;
(b) disguises criminal property;
(c) converts criminal property;
(d) transfers criminal property;
(e) removes criminal property from England and Wales and Scotland or from Northern Ireland
(3) Concealing or disguising criminal property includes concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it
When is a person not guilty for concealing criminal property?
(2) But a person does not commit such an offence if—
(a) he makes an authorised disclosure under section 338 and (if the disclosure is made before he does the act mentioned in subsection (1)) he has the appropriate consent;
(b) he intended to make such a disclosure but had a reasonable excuse for not doing so;
(c) the act he does is done in carrying out a function he has relating to the enforcement of any provision of this Act or of any other enactment relating to criminal conduct or benefit from criminal conduct
What is the difference between offences of concealing criminal property and handling stolen goods?
s327 can be committed during the commission of an offence and for the benefit of the thief
Handling stolen goods only occurs otherwise than in the course of stealing and by or for the benefit of another- this is not the case for this offence!
Case- concealing criminal property
R v Fazal [2010]- D allowed his bank account to be used by a friend to launder money, and it was held that he was guilty of converting criminal property (contrary to s. 327(1)(c)) whenever such monies were deposited in, retained in or withdrawn from the account
Case- concealing criminal property
R v Pace [2014], COA rejected the argument that, on a charge of attempting to commit the offence under s. 327(1)(c), it would be sufficient for the prosecution to prove that D merely suspected the property in question to be criminal property. Suspicion of this kind suffices for the substantive offence (as it does for all such offences under ss. 327 to 329) but it cannot, said the court, suffice for an attempt
What is the offence of arrangements in relation to criminal property?
PoCA 2002, s328
(1) A person commits an offence if he enters into or becomes concerned in an arrangement which he knows or suspects facilitates (by whatever means) the acquisition, retention, use or control of criminal property by or on behalf of another person
What is the sentence for arrangements in relation to criminal property?
Triable either way
14 years’ imprisonment on indictment and/or a fine