Q&As

Who is an accredited financial investigator and what powers can they exercise under the Proceeds of Crime Act 2002 (POCA 2002)?

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Produced in partnership with Chris Snell of No5 Chambers
Published on LexisPSL on 13/07/2018

The following Corporate Crime Q&A Produced in partnership with Chris Snell of No5 Chambers provides comprehensive and up to date legal information covering:

  • Who is an accredited financial investigator and what powers can they exercise under the Proceeds of Crime Act 2002 (POCA 2002)?
  • Who is an accredited financial investigator?
  • What powers can accredited financial investigators exercise under POCA 2002?

Who 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. For further information, see the Explanatory Notes to POCA 2002, s 453 at Part 12: Miscellaneous and General: UK Acts 2002: Explanatory Notes of Primary Legislation [643].

POCA 2002 (References to Financial Investigators) (England and Wales) Order 2015 (2015 Order), SI 2015/1853 was issued under this section and provides, at Article 3:

‘A reference to an accredited financial investigator in a provision of the Act specified in column 1 of the Schedule is a referen

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