The Criminal Finances Act 2017 (Commencement No 4) Regulations, SI 2018/78, bring into force on 31 January 2018 several amendments to the Proceeds of Crime Act (POCA) 2002, including the introduction of new unexplained wealth orders (UWOs) and the extension of certain powers to officers of HMRC. Applications for UWOs can be made to the High Court by ‘enforcement authorities’ including HMRC.
With effect from 16 April 2018, the regulations give effect to the removal of a restriction on HMRC’s use of powers covering search, seizure and detention of cash. The definition of ‘cash’ is amended to include gaming vouchers, fixed-value casino tokens and betting receipts. A new power is introduced for the issue of ‘administrative forfeiture notices’ to forfeit cash, including money in bank and building society accounts, without a court order.
Also from 16 April 2018, new powers will allow ‘relevant officers’, including those of HMRC, to seize items of personal or moveable property (listed assets), such as precious metals and stones.
The amendments made by the Criminal Finances Act 2017 also require the revision of three codes of practice concerning the use of search, seizure and detention powers in POCA 2002, and introduction of a new code of practice concerning the search power for items of personal or moveable property (listed assets).
The following instruments bring these codes of practice into force:
The Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order, SI 2018/82 (comes into force on 31 January 2018)
The Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order, SI 2018/83 (comes into force on 16 April 2018)
The Proceeds of Crime Act 2002 (Investigations: Code of Practice) Order, SI 2018/84 (comes into force on 31 January 2018)
The Proceeds of Crime Act 2002 (Recovery of Listed Assets: Code of Practice) (England and Wales and Scotland) Regulations, SI 2018/85 (comes into force on 16 April 2018)
The Criminal Finances Act 2017 (Commencement No 4) Regulations, SI 2018/78, bring into force on 31 January 2018 several amendments to the Proceeds of Crime Act (POCA) 2002, including the introduction of new unexplained wealth orders (UWOs) and the extension of certain powers to officers of HMRC. Applications for UWOs can be made to the High Court by ‘enforcement authorities’ including HMRC.
With effect from 16 April 2018, the regulations give effect to the removal of a restriction on HMRC’s use of powers covering search, seizure and detention of cash. The definition of ‘cash’ is amended to include gaming vouchers, fixed-value casino tokens and betting receipts. A new power is introduced for the issue of ‘administrative forfeiture notices’ to forfeit cash, including money in bank and building society accounts, without a court order.
Also from 16 April 2018, new powers will allow ‘relevant officers’, including those of HMRC, to seize items of personal or moveable property (listed assets), such as precious metals and stones.
The amendments made by the Criminal Finances Act 2017 also require the revision of three codes of practice concerning the use of search, seizure and detention powers in POCA 2002, and introduction of a new code of practice concerning the search power for items of personal or moveable property (listed assets).
The following instruments bring these codes of practice into force:
The Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order, SI 2018/82 (comes into force on 31 January 2018)
The Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order, SI 2018/83 (comes into force on 16 April 2018)
The Proceeds of Crime Act 2002 (Investigations: Code of Practice) Order, SI 2018/84 (comes into force on 31 January 2018)
The Proceeds of Crime Act 2002 (Recovery of Listed Assets: Code of Practice) (England and Wales and Scotland) Regulations, SI 2018/85 (comes into force on 16 April 2018)
