Proceeds of Crime Flashcards
Cash Seizures and Criminal Confiscation.
What are the three things you need?
1) - Reasonable Grounds to Suspect
- obtained from/ intended for
- use in unlawful conduct
2) Suspect value greater than £1000
3) Based on civil threshold of Balance of Probability
The Proceeds of Crime Act has a Power of Search.
Where can you search?
and
What are the two conditions you need?
Search Person or Premises
if
1) Reasonable Grounds to Suspect
2) Cash with suspected value more than £1000
What are the 6 specific offences you can seize property and cash for upon conviction.
(Up to the value criminally gained through those offences)
1) Drug/ People/ Arms Trafficking
2) Prostitution
3) Directing Terrorism
4) Money Laundering
5) Copyright Offences
6) Blackmail
Included attempts/ conspiracy/ aid + abet
NO MINIMUM VALUE
REMEMBER THIS IS UPON CONVICTION
What are the the 3 circumstance that allow seizure of property/ cash for Volume Crime Offences?
(Volume Crime includes Shoplifting, Burglary, Theft)
1) 4 or more offences in current proceedings
2) 2 separate convictions in last six years
3) 1 offences spanning six months or more
TOTAL VALUE OF CRIMINAL GAIN MY EXCEED £5000
What form is completed for Proceeds of Crime seizures?
MG17
Should you count cash to determine the value?
No!
Seizure is based on suspect value.
Plastic Evidence Bag + Seal
Then
2nd Plastic Evidence Bag and Seal
Take note of Serial Numbers
What is the minimum value of criminal gain required for seizure for the specific offences?
No minimum value
What is the minimum value of criminal gain for seizure in relation to volume crimes?
Total value exceeding £5000
