Money laundering offences—acquisition, use and possession
Produced in partnership with Jessica Parker of Corker Binning

The following Corporate Crime practice note produced in partnership with Jessica Parker of Corker Binning provides comprehensive and up to date legal information covering:

  • Money laundering offences—acquisition, use and possession
  • The acquisition, use and possession of the proceeds of crime offence
  • Defences to POCA 2002, s 329 offence
  • Sentences for offences under POCA 2002, s 329
  • Confiscation and the acquisition offence

Money laundering offences—acquisition, use and possession

This Practice Note covers the offence of acquiring, using or possessing criminal property under section 329 of the Proceeds of Crime Act 2002 (POCA 2002), which is one of the principal money laundering offences under that Act, see Practice Note: Money laundering offences under the Proceeds of Crime Act 2002—The principal money laundering offences. For further information on the other principle money laundering offences, see Practice Notes: Money laundering offences—concealing, disguising, converting, transferring and removing and Money laundering offences—the arrangement offence.

The acquisition, use and possession of the proceeds of crime offence

This offence is committed where a person acquires, uses or has possession of criminal property.

For detailed guidance on what constitutes criminal property and criminal conduct, see Practice Note: Principal money laundering offences—mens rea, criminal property and criminal conduct—What is criminal property?

As for mens rea of this offence, mere suspicion will suffice. Dishonesty is not required, nor need the accused know or believe the property in question is criminal property for the substantive offence although, where the prosecution can only prove suspicion, this will impact upon their ability to prosecute inchoate versions of the offence. See further, Practice Note: Principal money laundering offences—mens rea, criminal property and criminal conduct—Mens rea for money laundering—knowledge or suspicion.

Defences to POCA 2002, s 329 offence

A person does not commit an offence

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