Search Legislation

Proceeds of Crime Act 2002

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Proceeds of Crime Act 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part 7 Crossheading Consent:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

ConsentU.K.

335 Appropriate consentU.K.

(1)The apropriate consent is—

(a)the consent of a nominated officer to do a prohibited act if an authorised disclosure is made to the nominated officer;

(b)the consent of a constable to do a prohibited act if an authorised disclosure is made to a constable;

(c)the consent of a customs officer to do a prohibited act if an authorised disclosure is made to a customs officer.

(2)A person must be treated as having the appropriate consent if—

(a)he makes an authorised disclosure to a constable or a customs officer, and

(b)the condition in subsection (3) or the condition in subsection (4) is satisfied.

(3)The condition is that before the end of the notice period he does not receive notice from a constable or customs officer that consent to the doing of the act is refused.

(4)The condition is that—

(a)before the end of the notice period he receives notice from a constable or customs officer that consent to the doing of the act is refused, and

(b)the moratorium period has expired.

(5)The notice period is the period of seven working days starting with the first working day after the person makes the disclosure.

(6)The moratorium period is the period of 31 days starting with the day on which the person receives notice that consent to the doing of the act is refused.

[F1(6A)Subsection (6) is subject to—

(a)section 336A, which enables the moratorium period to be extended by court order in accordance with that section, and

(b)section 336C, which provides for an automatic extension of the moratorium period in certain cases (period extended if it would otherwise end before determination of application or appeal proceedings etc).]

(7)A working day is a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom in which the person is when he makes the disclosure.

(8)References to a prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be).

[F2(8A)Subsection (8) is subject to—

(a)section 336A, which enables the moratorium period to be extended by court order in accordance with that section, and

(b)section 336C, which provides for an automatic extension of the moratorium period in certain cases (period extended if it would otherwise end before determination of application or appeal proceedings etc).]

(9)A nominated officer is a person nominated to receive disclosures under section 338.

(10)Subsections (1) to (4) apply for the purposes of this Part.

Textual Amendments

F1S. 335(6A) inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 10(2), 58(1)(6); S.I. 2017/991, reg. 2(a) (with reg. 3(1))

F2S. 335(8A) inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 10(3), 58(1)(6); S.I. 2017/991, reg. 2(a) (with reg. 3(1))

Modifications etc. (not altering text)

Commencement Information

I1S. 335 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

336 Nominated officer: consentU.K.

(1)A nominated officer must not give the appropriate consent to the doing of a prohibited act unless the condition in subsection (2), the condition in subsection (3) or the condition in subsection (4) is satisfied.

(2)The condition is that—

(a)he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by [F3the [F4Director General of the National Crime Agency]], and

(b)such a person gives consent to the doing of the act.

(3)The condition is that—

(a)he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by [F5the [F6Director General of the National Crime Agency]], and

(b)before the end of the notice period he does not receive notice from such a person that consent to the doing of the act is refused.

(4)The condition is that—

(a)he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by [F7the [F8Director General of the National Crime Agency]],

(b)before the end of the notice period he receives notice from such a person that consent to the doing of the act is refused, and

(c)the moratorium period has expired.

(5)A person who is a nominated officer commits an offence if—

(a)he gives consent to a prohibited act in circumstances where none of the conditions in subsections (2), (3) and (4) is satisfied, and

(b)he knows or suspects that the act is a prohibited act.

(6)A person guilty of such an offence is liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, or

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.

(7)The notice period is the period of seven working days starting with the first working day after the nominated officer makes the disclosure.

(8)The moratorium period is the period of 31 days starting with the day on which the nominated officer is given notice that consent to the doing of the act is refused.

(9)A working day is a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom in which the nominated officer is when he gives the appropriate consent.

(10)References to a prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be).

(11)A nominated officer is a person nominated to receive disclosures under section 338.

Textual Amendments

F4Words in s. 336(2)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 133; S.I. 2013/1682, art. 3(v)

F6Words in s. 336(3)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 133; S.I. 2013/1682, art. 3(v)

F8Words in s. 336(4)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 133; S.I. 2013/1682, art. 3(v)

Commencement Information

I2S. 336 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

[F9336APower of court to extend the moratorium periodU.K.

(1)The court may, on an application under this section, grant an extension of a moratorium period if satisfied that—

(a)an investigation is being carried out in relation to a relevant disclosure (but has not been completed),

(b)the investigation is being conducted diligently and expeditiously,

(c)further time is needed for conducting the investigation, and

(d)it is reasonable in all the circumstances for the moratorium period to be extended.

(2)An application under this section may be made only by a senior officer.

(3)The application must be made before the moratorium period would otherwise end.

(4)An extension of a moratorium period must end no later than 31 days beginning with the day after the day on which the period would otherwise end.

(5)Where a moratorium period is extended by the court under this section, it may be further extended by the court (on one or more occasions) on the making of another application.

(6)A moratorium period extended in accordance with subsection (2) or (4) of section 336C may also be further extended by the court on the making of an application under this section.

(7)But the court may not grant a further extension of a moratorium period if the effect would be to extend the period by more than 186 days (in total) beginning with the day after the end of the 31 day period mentioned in section 335(6) or (as the case may be) section 336(8).

(8)Subsections (1) to (4) apply to any further extension of a moratorium period as they apply to the first extension of the period under this section.

(9)An application under this section may be made by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the prohibited act in relation to which the moratorium period in question applies—

(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

(b)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment.

(10)In subsection (9)—

  • prohibited act” has the meaning given by section 335(8) or (as the case may be) section 336(10);

  • relevant nationality enactment” means any enactment in—

    (a)

    the British Nationality Act 1981,

    (b)

    the Hong Kong Act 1985,

    (c)

    the Hong Kong (War Wives and Widows) Act 1996,

    (d)

    the British Nationality (Hong Kong) Act 1997,

    (e)

    the British Overseas Territories Act 2002, or

    (f)

    an instrument made under any of those Acts.

Textual Amendments

F9Ss. 336A-336D inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 10(4), 58(1)(6); S.I. 2017/991, reg. 2(a) (with reg. 3(1))

336BProceedings under section 336A: supplementaryU.K.

(1)This section applies to proceedings on an application under section 336A.

(2)The court must determine the proceedings as soon as reasonably practicable.

(3)The court may exclude from any part of the hearing—

(a)an interested person;

(b)anyone representing that person.

(4)The person who made the application may apply to the court for an order that specified information upon which he or she intends to rely be withheld from—

(a)an interested person;

(b)anyone representing that person.

(5)The court may make such an order only if satisfied that there are reasonable grounds to believe that if the specified information were disclosed—

(a)evidence of an offence would be interfered with or harmed,

(b)the gathering of information about the possible commission of an offence would be interfered with,

(c)a person would be interfered with or physically injured,

(d)the recovery of property under this Act would be hindered, or

(e)national security would be put at risk.

(6)The court must direct that the following be excluded from the hearing of an application under subsection (4)—

(a)the interested person to whom that application relates;

(b)anyone representing that person.

(7)Subject to this section, rules of court may make provision as to the practice and procedure to be followed in connection with proceedings in relation to applications under section 336A.

(8)An appeal lies to the appropriate appeal court on a point of law arising from a decision made by the Crown Court in Northern Ireland or by the sheriff.

(9)The appropriate appeal court may on such an appeal make any order that it considers appropriate (subject to the restriction mentioned in section 336A(7)).

(10)The appropriate appeal court is—

(a)in the case of a decision of the Crown Court in Northern Ireland, the Court of Appeal in Northern Ireland;

(b)in the case of a decision of the sheriff, the Sheriff Appeal Court.

(11)For rights of appeal in the case of decisions made by the Crown Court in England and Wales, see section 28 of the Senior Courts Act 1981 (appeals from Crown Court and inferior courts).

Textual Amendments

F9Ss. 336A-336D inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 10(4), 58(1)(6); S.I. 2017/991, reg. 2(a) (with reg. 3(1))

336CExtension of moratorium period pending determination of proceedings etcU.K.

(1)A moratorium period is extended in accordance with subsection (2) where—

(a)an application is made to the court under section 336A for the extension (or further extension) of the moratorium period, and

(b)the period would (apart from that subsection) end before the court determines the application or it is otherwise disposed of.

(2)The moratorium period is extended from the time when it would otherwise end until the court determines the application or it is otherwise disposed of.

(3)A moratorium period is extended in accordance with subsection (4) where—

(a)proceedings on an appeal in respect of a decision on an application under section 336A have been brought, and

(b)the period would (apart from that subsection) end before the proceedings are finally determined or otherwise disposed of.

(4)The moratorium period is extended from the time when it would otherwise end until the proceedings are finally determined or otherwise disposed of.

(5)But the maximum period by which the moratorium period is extended by virtue of subsection (2) or (4) is 31 days beginning with the day after the day on which the period would otherwise have ended.

(6)A moratorium period is extended in accordance with subsection (7) where—

(a)an application is made to the court under section 336A for an extension of the period,

(b)the court refuses to grant the application, and

(c)the period would (apart from that subsection) end before the end of the 5 day period.

(7)The moratorium period is extended from the time when it would otherwise end until—

(a)the end of the 5 day period, or

(b)if proceedings on an appeal against the decision are brought before the end of the 5 day period, the time when those proceedings are brought.

(8)The “5 day period” is the period of 5 working days beginning with the day on which the court refuses to grant the application.

(9)This restriction on the overall extension of a moratorium period mentioned in section 336A(7) applies to an extension of a moratorium period in accordance with any provision of this section as it applies to an extension under an order of the court.

Textual Amendments

F9Ss. 336A-336D inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 10(4), 58(1)(6); S.I. 2017/991, reg. 2(a) (with reg. 3(1))

336DSections 336A to 336C: interpretationU.K.

(1)This section provides for the meaning of terms used in sections 336A to 336C (and in this section).

(2)The court” means—

(a)in relation to England and Wales or Northern Ireland, the Crown Court;

(b)in relation to Scotland, the sheriff.

(3)Interested person” means—

(a)the person who made the relevant disclosure, and

(b)any other person who appears to the person making the application under section 336A to have an interest in the relevant property.

(4)Moratorium period” means the period of 31 days mentioned in section 335(6) or (as the case may be) section 336(8), or any such period as extended or further extended by virtue of an order under section 336A or in accordance with any provision of section 336C.

(5)Relevant disclosure” means—

(a)where the application under section 336A relates to the moratorium period mentioned in section 335(6), the authorised disclosure mentioned in section 335(2)(a);

(b)where the application under section 336A relates to the moratorium period mentioned in section 336(8), the disclosure mentioned in section 336(4)(a).

(6)Relevant property” means any property that would be the subject of the prohibited act (within the meaning of section 335(8) or (as the case may be) section 336(10)) in relation to which the moratorium period in question applies.

(7)In the case of an application to the Crown Court, “senior officer” means—

(a)the Director General of the National Crime Agency,

(b)any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,

(c)a police officer of at least the rank of inspector,

(d)an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that rank,

(e)an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank,

(f)a member of staff of the Financial Conduct Authority who is not below such grade as is designated by the Treasury for the purposes of this Part,

(g)the Director of the Serious Fraud Office (or a member of staff of that Office authorised for the purposes of section 336A by virtue of section 2C(2)), or

(h)an accredited financial investigator who falls within a description specified in an order made for the purposes of section 336A by the Secretary of State [F10or the Welsh Ministers] under section 453.

(8)In the case of an application to the sheriff, “senior officer” means a procurator fiscal.

(9)Working day” means a day other than—

(a)a Saturday,

(b)a Sunday,

(c)Christmas Day,

(d)Good Friday, or

(e)a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the application in question under section 336A is made.]

Textual Amendments

F9Ss. 336A-336D inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 10(4), 58(1)(6); S.I. 2017/991, reg. 2(a) (with reg. 3(1))

Modifications etc. (not altering text)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources