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16/02/2024
Dept Of Justice Launches Consultation On Recovery Of Criminal Assets
A new public consultation has been launched by the Department of justice to gather views on the Codes of Practice on the recovery of criminal assets.
Updates to two existing codes of practice and one new code of practice are required to take account of new measures under the Economic Crime and Corporate Transparency Act 2023.
The Codes of Practice refer to search, seizure and detention of property; investigations; and recovery of cryptoassets search powers.
• Search, seizure and detention of property: This revised code provides guidance about exercising the powers to search and seize and detain property in order for it to be sold to meet the value of a confiscation order in certain circumstances.
• Investigations: This revised code provides guidance on the exercise of the investigation powers in Proceeds of Crime Act (POCA). It includes extended powers relating to civil recovery and confiscation investigations and transfer of jurisdiction from the High Court to the Crown Court in detained cash investigations.
• Recovery of cryptoassets: search powers: This new code provides guidance on the exercise of powers to search for cryptoassets or cryptoasset-related items.
The Department of Justice has a statutory duty to issue new and revised Codes of Practice where asset recovery powers under Proceeds of Crime Act (POCA) 2002 change.
The consultation is about the guidance provided in the Codes of Practice on the exercise of the powers, rather than the actual powers, which are already passed in law.
Updates to two existing codes of practice and one new code of practice are required to take account of new measures under the Economic Crime and Corporate Transparency Act 2023.
The Codes of Practice refer to search, seizure and detention of property; investigations; and recovery of cryptoassets search powers.
• Search, seizure and detention of property: This revised code provides guidance about exercising the powers to search and seize and detain property in order for it to be sold to meet the value of a confiscation order in certain circumstances.
• Investigations: This revised code provides guidance on the exercise of the investigation powers in Proceeds of Crime Act (POCA). It includes extended powers relating to civil recovery and confiscation investigations and transfer of jurisdiction from the High Court to the Crown Court in detained cash investigations.
• Recovery of cryptoassets: search powers: This new code provides guidance on the exercise of powers to search for cryptoassets or cryptoasset-related items.
The Department of Justice has a statutory duty to issue new and revised Codes of Practice where asset recovery powers under Proceeds of Crime Act (POCA) 2002 change.
The consultation is about the guidance provided in the Codes of Practice on the exercise of the powers, rather than the actual powers, which are already passed in law.
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