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). The 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. The Code will replace earlier codes issued under section 377A of POCA.
The 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. The 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. The 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.
The 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.
