Proceeds Of Crime Act

Question 1

What are the three main money laundering offences under POCA?

Answer 1

• Acquire, use or have possession of criminal property
• Conceal, disguise, convert or transfer criminal property
• Enter into an agreement allowing them to facilitate the acquisition, retention or control of criminal property

Question 2

What is ‘criminal property’?

Answer 2

Anything of value obtained through crime

Question 3

Section 327 POCA

Answer 3

Concealing

Question 4

Section 328 POCA

Answer 4

Arrangements

Question 5

Section 329 POCA

Answer 5

Acquisition, use or possession

Question 6

What are the defences to POCA?

Answer 6

• Intended to make an authorised disclosure and had a reasonable excuse not to
• Made authorised disclosure and obtained consent to carry out prohibited act
• The criminal conduct took place outside the U.K. and was not unlawful in that country
• Police possess, convert or manage criminal property as part of an investigation

Question 7

What is cash under POCA, S289(6)?

Answer 7

• Notes or coins from any country
• Banker’s drafts
• Postal orders
• Cheques if any kind
• Bearer bonds and shares

Question 8

What can the police do under POCA S294?

Answer 8

Seize cash that appears to be over £1,000 if the person is unable to account for their possession and you suspect it to be criminal property