The Proceeds of Crime Act 2002 is perhaps the most significant development in the criminal law since incorporation of the European Convention on Human Rights in 1998 and has far-reaching consequences in criminal procedure. It is designed to create a culture in which the confiscation of criminal assets is seen as an essential step in the investigation of crime, the processing of convicted defendants and the removal of assets from others identified as having benefited from criminal conduct. The new legislation contains a ...
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The Proceeds of Crime Act 2002 is perhaps the most significant development in the criminal law since incorporation of the European Convention on Human Rights in 1998 and has far-reaching consequences in criminal procedure. It is designed to create a culture in which the confiscation of criminal assets is seen as an essential step in the investigation of crime, the processing of convicted defendants and the removal of assets from others identified as having benefited from criminal conduct. The new legislation contains a number of radical changes: The Act establishes a powerful Assets Recovery Agency with extensive investigative powers. The Agency will be able to pursue criminal assets through confiscation of the assets of convicted criminals or recovery of assets representing the proceeds of crime through civil actions. Importantly, civil recovery will permit the recovery of criminal assets where no conviction has been achieved. In addition, persons suspected of having benefited from crime will be liable to have their assets taxed by the Revenue Authorities. The Act amalgamates and strengthens existing powers available to restrain property whilst criminal proceedings are pending, and to seek an order for confiscation following conviction in both drugs cases and non-drugs offences. Existing restraint jurisdiction is transferred from the High Court to the Crown Court to create a "one-stop shop" for confiscation of crime proceeds. The Act also reforms the definition of money-laundering and replaces the existing separate drug and non-drug offences with a single consolidated set of charges.
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