Consultation outcome

Proceeds of Crime Act 2002 and Anti-Terrorism, Crime and Security Act 2001: codes of practice

• From: Home Office and Attorney General's Office
• Published: 31 July 2017
• Last updated: 25 October 2017 — See all updates

This was published under the 2016 to 2019 May Conservative government

This consultation has concluded

Detail of outcome

We have published revised draft codes of practice.

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Original consultation

Summary

The Acts have been amended by the Criminal Finances Act 2017. This consultation is on codes of practice that govern the use of some of the powers in those Acts.

This consultation ran from
9am on 31 July 2017 to 11:45pm on 25 August 2017

Consultation description

The Proceeds of Crime Act 2002 (POCA) and Anti-Terrorism, Crime and Security Act 2001 (ATCSA) provide for a statutory consultation on new codes of practice and on any amendments to existing codes. The codes will then be subject to parliamentary approval before coming into force.

There are 6 separate codes on which we seek views, they cover:

• powers to search seize and detain property
• exercising investigation powers under POCA
• the use of search powers for recovering criminal cash
• powers to seize certain listed assets
• guidance for prosecutors on the operation of POCA investigation powers (this is the responsibility of the Attorney General. Consultation on this code is being launched by the Home Office on behalf of the Attorney General, but a separate explanatory document accompanies this consultation.)
• the exercise of various new seizure, detention and forfeiture powers created by the Criminal Finances Act 2017

How to respond

Please email your comments on codes 1 to 4 and 6 to:

Criminalfinancesact@homeoffice.x.gsi.gov.uk

Responses to code 5 (responsibility of the Attorney General) should be sent to:

POCACOPconsultation@attorneygeneral.gsi.gov.uk

Documents

Codes of Practice issued under the Proceeds of Crime Act 2002: consultation document

PDF, 52.4 KB, 6 pages

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Code of Practice issued under Section 47S of the Proceeds of Crime Act 2002: search, seizure and detention of property (England and Wales)

PDF, 348 KB, 38 pages

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Code of Practice issued under Section 377 of the Proceeds of Crime Act 2002: investigations

PDF, 1.18 MB, 76 pages

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Code of practice issued under Section 292 of the Proceeds of Crime Act 2002: recovery of cash - search powers

PDF, 303 KB, 33 pages

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Code of Practice issued under Section 303G of the Proceeds of Crime Act 2002: Seizure of certain personal (moveable) property

PDF, 387 KB, 29 pages

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Code of Practice for officers acting under Schedule 1 to the Anti-Terrorism, Crime and Security Act 2001

PDF, 396 KB, 30 pages

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Attorney General's Office POCA consultation document guidance

PDF, 155 KB, 4 pages

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Attorney General's Office prosecutors' code consultation

PDF, 1.08 MB, 77 pages

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Published 31 July 2017
Last updated 25 October 2017 + show all updates

1. 25 October 2017

   Revised draft codes of practice published.

2. 31 July 2017

   First published.