Property Offences - POCA

Question 1

How does the POCA Act define Criminal Conduct?

Answer 1

any UK offence, committed by an person, anywhere in the world, at any time

Question 2

What is POCA?

Answer 2

Benefits made by an individual as a result of their criminal conduct

Question 3

How does POCA act define criminal property?

Answer 3

• a person’s benefit from criminal conduct/ representation of that benefit
• alleged offender knows or suspects it constitutes or represents such benefit

Question 4

Does criminal property relate to just money?

Answer 4

no it includes:
- money
- all forms of property, real or personal, heritable or moveable
- things in action and other intangible or incorporeal property (e.g. right/ patent)

Question 5

Concealing Criminal Property - POCA

Answer 5

a person commits an offence if he
- conceals
- disguises
- converts
- transfers
- removes from England/ Wales and Scotland/ Northern Ireland
criminal property

(includes disguising it’s nature, source, location, disposition, movement, ownership or any rights with respect to it)

Question 6

Arrangements in relation to Criminal Property - POCA

Answer 6

• enters or becomes concerned in an arrangement
• which he knows, suspects or facilitates (by whatever means)
• the acquisition, retention, use or control of criminal property by or on behalf of another person
  (e.g. laundering on behalf of others)

Question 7

Acquisition, Use and Possession of Criminal Property - POCA

Answer 7

• acquires criminal property
• uses criminal property
• has possession of criminal property
  (only committed where a person knows or suspects that the property is acquired constitutes or represents his own or another’s benefit for criminal conduct)

Question 8

Defence - POCA

Answer 8

• acquired, used or had possession of the property for adequate consideration (e.g. tradesman gotten paid by ill-gotten gains)