CRIMINAL FINANCES ACT 2017 AMENDMENTS TO POCA/ATCA PROCEDURES ETC

CRIMINAL FINANCES ACT 2017

On 1st February the Home Office issued a set of publications about the contents of the Criminal Finances Act 2017, including about Unexplained Wealth Orders, confiscation reconsideration, extending the SAR moratorium etc.

https://www.gov.uk/government/collections/criminal-finances-act-2017

CRIMINAL FINANCES ACT 2017: CONFISCATION, ENFORCEMENT, DEFENDANT’S MONEY HELD BY A THIRD PARTY

On 1st February, Home Office Circular 012/2018 which provides information on relevant amendments introduced by the Criminal Finances Act 2017.  It explains that amendments to the Proceeds of Crime Act 2002 provides for 2 sets of powers relating to the enforcement of a confiscation order in relation to defendant’s money which is held by another person; notably, by a bank in an account or by a law enforcement agency following its seizure.

https://www.gov.uk/government/publications/circular-0122018-criminal-finances-act-confiscation-enforcement-defendents-money-held-by-a-third-party/circular-0122018-criminal-finances-act-confiscation-enforcement-defendents-money-held-by-a-third-party

OTHER HOME OFFICE CIRCULARS PROVIDING INFORMATION ON CRIMINAL FINANCES ACT 2017 CHANGES

On 1st February, the Home Office issued a whole series of Home Office Circulars explaining new or changed procedures under proceeds of crime and anti-terrorism legislation –

·        Circular 011/2018: Criminal Finances Act: confiscation reconsideration

·        Circular 010/2018: Criminal Finances Act: further information orders

·        Circular 009/2018: Criminal Finances Act: extension of powers and new assault and obstruction offence

·        Circular 008/2018: Criminal Finances Act: extending the moratorium period for suspicious activity reports

·        Circular 007/2018: Criminal Finances Act: sharing information within the regulated sector

·        Circular 006/2018: Criminal Finances Act: disclosure orders

·        Circular 005/2018: Criminal Finances Act: forfeiture of money held in bank and building society accounts

·        Circular 004/2018: Criminal Finances Act: unlawful conduct, gross human rights abuses or violations

·        Circular 003/2018: Criminal Finances Act: unexplained wealth orders

https://www.gov.uk/government/collections/criminal-finances-act-2017

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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