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Proceeds of Crime Act 2002

Summary

9.The Act is in twelve parts.

  • Part 1: creates an Assets Recovery Agency (ARA).

  • Part 2: makes provision for confiscation in England and Wales, replacing separate drug trafficking and criminal justice legislation with a consolidated and updated set of provisions. Restraint, confiscation, receivership and related matters are covered.

  • Parts 3 & 4: make similar provision for Scotland and Northern Ireland respectively.

  • Part 5: sets out new provisions for the recovery in the United Kingdom in civil proceedings of property which has been obtained through unlawful conduct or property which represents property obtained through unlawful conduct; and provisions for the search and seizure of cash which is reasonably suspected of having been obtained through unlawful conduct or of being intended for use in such conduct, and for the forfeiture of such cash in proceedings before a magistrates’ court, sheriff or justice of the peace.

  • Part 6: empowers the Director of ARA to exercise functions of the Inland Revenue in relation to income, gains and profits arising or accruing as a result of criminal conduct.

  • Part 7: consolidates, updates and reforms the criminal law in the United Kingdom with regard to money laundering.

  • Part 8: sets out powers for use in criminal confiscation, civil recovery and money laundering investigations.

  • Part 9: deals with the relationship between confiscation and insolvency proceedings.

  • Part 10: provides for the disclosure of information to and by the Director of ARA and the Scottish Ministers. It also allows the exchange of information between the Scottish Ministers and the Lord Advocate.

  • Part 11: provides for co-operation in investigation and enforcement between the jurisdictions of the United Kingdom and with overseas authorities.

  • Part 12: deals with miscellaneous and general matters.

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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