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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
All Legislation
Fraud & Economic Crime
c. 29
UK-wide

Proceeds of Crime Act 2002

View on legislation.gov.uk

Last amended by Criminal Finances Act 2017 in 2017. Introduced unexplained wealth orders, extended seizure and forfeiture powers to bank accounts, and created a corporate offence of failure to prevent facilitation of tax evasion.

Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.

Summary

The principal statute on criminal confiscation, civil recovery of the proceeds of crime, and anti-money laundering. Provides for confiscation orders after conviction, civil recovery without conviction, cash seizure, and the obligations on the regulated sector to report suspicions of money laundering via Suspicious Activity Reports (SARs).

Key Points

  • Confiscation orders after conviction (Part 2)
  • Civil recovery of proceeds of crime (Part 5)
  • Cash seizure and detention (Part 5, Chapter 3)
  • Money laundering offences (Part 7, ss.327-329)
  • SARs — duty to report suspicious activity (s.330-331)
  • Account freezing and forfeiture orders (as amended)
  • Confiscation orders after conviction — criminal lifestyle assumptions (Part 2)
  • Civil recovery of proceeds of unlawful conduct without conviction (Part 5)
  • Cash seizure and detention powers for law enforcement (Part 5, Chapter 3)
  • Money laundering offences: concealing, arranging, acquiring (ss.327–329)
  • Failure to disclose / tipping off offences (ss.330–333)
  • Suspicious Activity Reports (SARs) regime
  • Unexplained Wealth Orders added by Criminal Finances Act 2017

Parts & Sections

Amendments History

2017Criminal Finances Act 2017

Introduced unexplained wealth orders, extended seizure and forfeiture powers to bank accounts, and created a corporate offence of failure to prevent facilitation of tax evasion.

2017Criminal Finances Act 2017

Introduced Unexplained Wealth Orders (UWOs) and extended civil recovery powers.

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