Proceeds of Crime Act 2002

Section 75

SCHEDULE 2E+WLifestyle offences: England and Wales

This schedule has no associated Explanatory Notes

Drug traffickingE+W

1(1)An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—

(a)section 4(2) or (3) (unlawful production or supply of controlled drugs);

(b)section 5(3) (possession of controlled drug with intent to supply);

(c)section 8 (permitting certain activities relating to controlled drugs);

(d)section 20 (assisting in or inducing the commission outside the UK of an offence punishable under a corresponding law).

(2)An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—

(a)section 50(2) or (3) (improper importation of goods);

(b)section 68(2) (exploration of prohibited or restricted goods);

(c)section 170 (fraudulent evasion).

(3)An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—

(a)section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

(b)section 19 (using a ship for illicit traffic in controlled drugs).

Commencement Information

I1Sch. 2 para. 1 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

[F11AAn offence under any of the following provisions of the Psychoactive Substances Act 2016—

(a)section 4 (producing a psychoactive substance);

(b)section 5 (supplying, or offering to supply, a psychoactive substance);

(c)section 7 (possession of psychoactive substance with intent to supply);

(d)section 8 (importing or exporting a psychoactive substance).]

Money launderingE+W

2An offence under either of the following provisions of this Act—

(a)section 327 (concealing etc criminal property);

(b)section 328 (assisting another to retain criminal property).

Commencement Information

I2Sch. 2 para. 2 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

Directing terrorismE+W

3An offence under section 56 of the Terrorism Act 2000 (c. 11) (directing the activities of a terrorist organisation).

Commencement Information

I3Sch. 2 para. 3 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

Slavery etcE+W

[F23AAn offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).]

Textual Amendments

F2Sch. 2 para. 3A inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), ss. 7(2), 61(1); S.I. 2015/1476, reg. 2(a)

People traffickingE+W

[F34 (1) An offence under section 25 [F4or 25A] of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.).

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(4)An offence under section 2 of the Modern Slavery Act 2015 (human trafficking).]]

Arms traffickingE+W

5(1)An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition—

(a)section 68(2) (exportation of prohibited goods);

(b)section 170 (fraudulent evasion).

(2)An offence under section 3(1) of the Firearms Act 1968 (c. 27) (dealing in firearms or ammunition by way of trade or business).

(3)In this paragraph “firearm” and “ammunition” have the same meanings as in section 57 of the Firearms Act 1968 (c. 27).

Commencement Information

I5Sch. 2 para. 5 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

CounterfeitingE+W

6An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—

(a)section 14 (making counterfeit notes or coins);

(b)section 15 (passing etc counterfeit notes or coins);

(c)section 16 (having counterfeit notes or coins);

(d)section 17 (making or possessing materials or equipment for counterfeiting).

Commencement Information

I6Sch. 2 para. 6 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

Intellectual propertyE+W

7(1)An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—

(a)section 107(1) (making or dealing in an article which infringes copyright);

(b)section 107(2) (making or possessing an article designed or adapted for making a copy of a copyright work);

(c)section 198(1) (making or dealing in an illicit recording);

(d)section 297A (making or dealing in unauthorised decoders).

(2)An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use etc of trade mark).

Commencement Information

I7Sch. 2 para. 7 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

Prostitution and child sexE+W

[F7 8 (1)An offence under section 33 or 34 of the Sexual Offences Act 1956 (keeping or letting premises for use as a brothel).

(2)An offence under any of the following provisions of the Sexual Offences Act 2003—

(a)section 14 (arranging or facilitating commission of a child sex offence);

(b)section 48 (causing or inciting [F8sexual exploitation of a child] );

(c)section 49 (controlling a child [F9in relation to sexual exploitation] );

(d)section 50 (arranging or facilitating [F10sexual exploitation of a child] );

(e)section 52 (causing or inciting prostitution for gain);

(f)section 53 (controlling prostitution for gain).]

Textual Amendments

F8Words in Sch. 2 para. 8(2)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 58(2); S.I. 2015/820, reg. 2(r)(v)

F9Words in Sch. 2 para. 8(2)(c) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 58(3); S.I. 2015/820, reg. 2(r)(v)

F10Words in Sch. 2 para. 8(2)(d) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 58(4); S.I. 2015/820, reg. 2(r)(v)

Commencement Information

I8Sch. 2 para. 8 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

BlackmailE+W

9An offence under section 21 of the Theft Act 1968 (c. 60) (blackmail).

Commencement Information

I9Sch. 2 para. 9 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

[F119AAn offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (acting as a gangmaster other than under the authority of a licence, possession of false documents etc).]

Textual Amendments

Inchoate offencesE+W

10(1)An offence of attempting, conspiring or inciting the commission of an offence specified in this Schedule.

[F12(1A)An offence under section 44 of the Serious Crime Act 2007 of doing an act capable of encouraging or assisting the commission of an offence specified in this Schedule.]

(2)An offence of aiding, abetting, counselling or procuring the commission of such an offence.

Textual Amendments

Commencement Information

I10Sch. 2 para. 10 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.