Accredited financial investigators and their powers under POCA 2002
Published by a LexisNexis Corporate Crime expert
Practice notesAccredited financial investigators and their powers under POCA 2002
Published by a LexisNexis Corporate Crime expert
Practice notesWho is an accredited financial investigator?
An accredited financial investigator (AFI) for the purposes of Proceeds of Crime Act 2002 (POCA 2002) is a financial investigator who is trained and accredited pursuant to POCA 2002, s 3. In addition, POCA 2002, s 453 empowers the Secretary of State, through secondary legislation, to designate an investigator who falls within a specified description as an AFI. The purpose of this order-making power is to enable the Secretary of State to limit the use of restraint and investigation powers to those financial investigators who are employed or engaged by law enforcement authorities or are employed or engaged in a law enforcement capacity by Government departments.
The Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) Order 2021, SI 2021/640 was issued under this section and states:
‘A reference to an accredited financial investigator in a provision of the 2002 Act specified in column 1 of each table in Schedule 1 is a reference to an accredited financial investigator who falls within the
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