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Proceeds of Crime Act 2002

Section 329: Acquisition, use and possession

476.Section 329 unifies and replaces section 51 of the Drug Trafficking Act, section 93B of the Criminal Justice Act 1988, section 37 of the Criminal Law (Consolidation) (Scotland) Act 1995 and Article 45 of the Proceeds of Crime (Northern Ireland) Order 1996. As in sections 327 and 328, by reason of section 340, this offence is only committed where a person knows or suspects that the property which is acquired etc constitutes or represents his own or another’s benefit from criminal conduct.

477.Again, the same defences against committing the offence apply as in sections 327 and 328. Additionally, the effect of the defence in subsection (2)(c) is that persons, such as tradesmen, who are paid for ordinary consumable goods and services in money that comes from crime are not under any obligation to question the source of the money. Subsection (3)(c) makes it clear that the provision of goods or services that help a person to carry out criminal conduct would not be a defence. However, section 329(3)(c) only negates the defence in section 329(2)(c) if the person who provides the goods or services knows or suspects that they will help the recipient to carry out criminal conduct.

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