Frederick Hookway

Barrister

2 Harcourt Buildings

This seminar will cover:

The principle money laundering offences

• Section 327 of the Proceeds of Crime Act 2002 (“POCA 2002”): Concealing/disguising/converting/transferring/removing criminal property.

• Section 328 POCA 2002: Arrangements to facilitate the acquisition, retention, use or control of criminal property.

• Section 329 POCA 2002: Acquiring/using/possessing criminal property.

Criminal property

• Section 340(3) POCA 2002 defines criminal property as;

(a) It constitutes a person’s benefit from criminal conduct or it represents such a benefit (in whole or part and whether directly or indirectly), and

(b) The alleged offender knows or suspects that it constitutes or represents such a benefit.

Key points about criminal property

• Unlimited geographical range (subject to ‘local law’ defence).

• That property is derived from criminal conduct can be proved by evidence of a particular crime, or by evidence of how the property is being handled (R-v-Anwoir [2009] 4 All ER 582).

• Mental element is knowing or suspecting.

• Immaterial who carried out the criminal conduct, or whether conduct committed before or after the coming into force of this Act.

• Includes all types of property.

For complete speaker's notes please go to the Past Papers library on our website