Proceeds of Crime Act 2002

Prospective

329 Acquisition, use and possessionE+W+S+N.I.

This sectionnoteType=Explanatory Notes has no associated

(1)A person commits an offence if he—

(a)acquires criminal property;

(b)uses criminal property;

(c)has possession of criminal property.

(2)But a person does not commit such an offence if—

(a)he makes an authorised disclosure under section 338 and (if the disclosure is made before he does the act mentioned in subsection (1)) he has the appropriate consent;

(b)he intended to make such a disclosure but had a reasonable excuse for not doing so;

(c)he acquired or used or had possession of the property for adequate consideration;

(d)the act he does is done in carrying out a function he has relating to the enforcement of any provision of this Act or of any other enactment relating to criminal conduct or benefit from criminal conduct.

(3)For the purposes of this section—

(a)a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property;

(b)a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of the use or possession;

(c)the provision by a person of goods or services which he knows or suspects may help another to carry out criminal conduct is not consideration.