Codes of Practice under the Proceeds of Crime Act 2002
Codes of Practice under the Proceeds of Crime Act 2002

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Codes of Practice under the Proceeds of Crime Act 2002
  • Purpose of POCA Codes
  • Search and seizure and detention of property
  • Recovery of cash—search powers
  • POCA 2002 investigations
  • POCA 2002 Recovery of listed assets—search powers

The government has published a series Codes of Practice which provide guidance to investigators on the use of investigatory powers under the Proceeds of Crime Act 2002 (POCA 2002).

Since the first Code of Practice (in relation to cash searches) came into force on 16 December 2002, a number of iterations of that Code and additional new Codes have been introduced. Which version of the Codes apply, depends upon the date on which the powers in issue were used.

The current versions of the Codes can be accessed here and all references to the Codes throughout this Practice Note are to these versions:

  1. POCA 2002 Search, Seizure and Detention of Property Code of Practice (England and Wales) (January 2018)—made under POCA 2002, s 47S in connection with the carrying out by appropriate officers in England and Wales of the functions conferred by virtue of POCA 2002, ss 47C–47H, the carrying out by senior officers of their functions under section POCA 2002, s 47G and the detention of property under or by virtue of POCA 2002, ss 41A, 44A and 47J–47P. This applies to the exercise of all powers covered by the Code on or after 31 January 2018

  2. POCA 2002 Investigations Code of Practice (January 2018)—made under POCA 2002, s 377, in relation to the exercise of functions under POCA 2002, s