Money laundering offences under the Proceeds of Crime Act 2002
Produced in partnership with Jessica Parker of Corker Binning
Money laundering offences under the Proceeds of Crime Act 2002

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 under the Proceeds of Crime Act 2002
  • Money laundering offences—an introduction
  • Differences between POCA 2002 and the previous regime
  • Mode of trial
  • Confiscation and the money laundering offences
  • The principal money laundering offences
  • Criminal property and criminal conduct for the purposes of money laundering
  • Mens rea for money laundering—suspicion, conspiracy and attempt
  • Defences to the principal money laundering offences
  • Deposit taking bodies and the threshold amount
  • More...

Money laundering offences under the Proceeds of Crime Act 2002

Money laundering offences—an introduction

Money laundering is the process by which the proceeds of crime are converted into assets which appear to have a legitimate origin, so that they can be retained permanently or recycled into further criminal enterprises. See: Explanatory Notes of Primary Legislation, Proceeds of Crime Act 2002, Background, para [6].

Money laundering is usually undertaken in conjunction with a predicate, acquisitive offence, when the proceeds of the crime are laundered by either the offender themselves or someone on their behalf. Substantive money laundering offences are criminalised under the Proceeds of Crime Act 2002 (POCA 2002) and are considered in more detail below.

Offences can also be committed by those who fail to detect, deter, prevent or report substantive money laundering offences under the anti-money laundering regime. Such offences are provided for under POCA 2002 or under secondary legislation. For more information, see Practice Note: Money laundering offences—failure to disclose offences, and Offences under the Money Laundering Regulations—overview.

There are also offences for interfering with a money laundering investigation or anti-money laundering efforts. See Practice Note: Money laundering offences—tipping off and prejudicing an investigation.

Differences between POCA 2002 and the previous regime

Under the law predating POCA 2002, there were separate offences for laundering the proceeds of drugs offences under the Drug Trafficking Offences Act 1986 and the

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