Proceeds of Crime Act 2002 Codes of Practice: Consultations

Damian Hinds Excerpts

Wednesday 29th June 2022 Written Statements

[The Minister for Security and Borders (Damian Hinds)]

The Proceeds of Crime Act contains a comprehensive package of measures designed to make the recovery of unlawfully held assets more effective. The operation of certain powers within POCA are subject to guidance in various codes of practice issued by the Home Secretary, the Attorney General and the Advocate General for Northern Ireland, the Department of Justice and Scottish Ministers.

An existing code of practice needs to be updated to reflect changes made to the UWO regime following the commencement of the expedited Economic Crime (Transparency and Enforcement) Act on 15 May 2022.

POCA provides that before a revised code of practice is issued, I must consider any representations made and modify the codes as appropriate, and subsequently lay the codes before Parliament for approval.

I intend to consult on changes to the following code of practice:

The Investigations Code Of Practice issued under s.377 of the Proceeds of Crime Act, which provides guidance for investigators in England, Wales and Northern Ireland.

My right hon. and learned Friend the Attorney General (Suella Braverman) will also launch a consultation in tandem with this one, to seek a view on one further code, which provides guidance for prosecutors in England, Wales and Northern Ireland.

I will arrange for a copy of the consultation on the Investigations Code of Practice to be placed in the Libraries of both Houses.

The Attorney General will arrange for a copy of the consultation on the code providing guidance for prosecutors to be placed in the Libraries of both Houses.

Following the introduction of the upcoming Economic Crime and Corporate Transparency Bill, I will launch another consultation on further changes to the same code in relation to new powers to support the recovery of crypto-assets.

I then intend to lay a statutory instrument to issue an updated code of practice under the Proceeds of Crime Act 2002 to reflect both sets of changes once the ECCT Bill is in force.

[HCWS155]