Proceeds of Crime Act 2002

Question 1

Who must an authorised disclosure be made by?

Answer 1

The person that’d otherwise be committing the offence

Question 2

Who must the authorised disclosure be made to?

Answer 2

Constable, HMRC officer, or firm’s nominated officer

Question 3

What MAY the officer do on receiving a authorised disclosure?

Answer 3

Make a suspicious activity report (SAR) to the NCA

Question 4

After making a SAR, the nominated officer cannot give consent to act until:

Answer 4

• NCA’s consent is obtained,
• the officer heard nothing from the NCA for 7 working days starting the day after the SAR was made, or
• 31 days passed since NCA’s refusal

Question 5

What are the conditions for an authorised disclosure to act as a defence if the prohibited act has already started?

Answer 5

• disclosure must be while the act is ongoing,
• the person didn’t know/suspect the property was a benefit from criminal conduct when he began acting, and
• the disclosure is made as soon as practicable once the suspicion arises, and it’s made on his own initiative

Question 6

What are the conditions for an authorised disclosure to act as a defence if the prohibited act has already happened?

Answer 6

• there’s a good reason for not disclosing it before the act, and
• the disclosure was made as soon as practicable and on his own initiative

Question 7

What is a defence despite a lack of authorised disclosure?

Answer 7

There’s a “reasonable excuse” for non-disclosure

Question 8

What is the overseas defence?

Answer 8

The person knew/believed the criminal conduct occurred abroad, and was lawful there

Question 9

What is the adequate consideration defence to the possession of criminal property?

Answer 9

No offence if adequate consideration was given for the criminal property, unless the solicitor knew/suspected those services may help carry out criminal conduct
Fees must be reasonable

Question 10

When is the failure to disclose offence committed? (4 conditions)

Answer 10

• solicitor knows/suspects, or has reasonable grounds to, that the person is laundering,
• the information is received in the course of business,
• the information may assist in identifying the launderer/the location of the laundered property, and
• he doesn’t make a disclosure as soon as practicable

Question 11

What are the 2 tipping off offences?

Answer 11

1. disclosing that a relevant disclosure was made, if it’s likely to prejudice the investigation
2. disclosing an investigation into a potential offence, if it’s likely to prejudice the investigation
   Information must’ve been obtained in the course of business!