Consultation on amendments to the Attorney General鈥檚 Code of Practice issued under Section 377A of the Proceeds of Crime Act 2002
Applies to England, Northern Ireland and Wales
Detail of outcome
皇冠体育app draft Code of Practice approved by Parliament is available
A response to the consultation can be found in the draft Explanatory Memorandum that accompanies the draft Statutory Instrument that will bring the revised Code of Practice into effect.
皇冠体育app draft Statutory Instrument and draft Explanatory Memorandum are聽. 皇冠体育app draft Code of Practice is聽available here.
皇冠体育app documents were laid in Parliament on 22 January 2024 and will be debated as part of Parliamentary procedure.
Original consultation
Consultation description
皇冠体育app Code of Practice approved by Parliament is available
This consultation seeks views on amendments to the Code of Practice issued by the Attorney General for England and Wales and Advocate General for Northern Ireland under section 377A of the Proceeds of Crime Act 2002 (POCA). 皇冠体育app Code provides guidance for prosecutors in England, Wales and Northern Ireland on the exercise of the investigation powers in Chapter 2 Part 8 of POCA. 皇冠体育app Code will replace earlier codes issued under section 377A of POCA.
皇冠体育app Home Secretary has published a consultation in tandem with this one, which provides guidance to investigators in England, Wales and Northern Ireland.
POCA contains a comprehensive legal framework for investigating, and the recovery of, the proceeds of crime. 皇冠体育app Economic Crime (Transparency and Enforcement) Act (EC(TE) Act) added to the asset recovery and investigation powers in POCA and was commenced in England and Wales, Scotland and Northern Ireland in May 2022. 皇冠体育app operation of certain powers within POCA, including those inserted by the EC(TE) Act, are subject to 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.
皇冠体育app existing guidance needs to be updated to reflect changes made to the Unexplained Wealth Order (UWO) regime following the commencement of Part 2 of the EC(TE) Act.
POCA provides that when a Code of Practice is revised, the relevant authorities must prepare and publish a draft, they must consider any representations made and modify the Codes as appropriate, and they must lay the Codes before Parliament for approval.