A7.103 Defences available

A7.103 Defences available

A person does not commit an offence under POCA 2002, s 329 (see A7.102) if he acquired, used or had possession of the property for adequate consideration1. This is defined only negatively, namely:

  1.  

    (a)     a person acquires property for inadequate consideration (so that the exception does not apply) if the value of the consideration is significantly less than the value of the property

  2.  

    (b)     a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of the property, and

  3.  

    (c)     the provision by a person of goods or services which he knows or suspects may help another to carry out criminal conduct is not consideration (and thus not protected by the exemption)2

Heads (a) and (b) above protect a person such as a tradesman who is paid for ordinary consumable goods and services in money that comes from a crime from having to question the source of the money. They do not protect someone who receives a gift of criminal property or who buys such property cheaply from the proverbial 'man in the pub' knowing or suspecting something is amiss.

A person is not guilty of an offence under any of the three sections if either:

  1.  

    (1)     he makes an authorised disclosure under section 338 (see below) (and, if the disclosure is made before he carries out the act in question, he has the appropriate consent)

  2.  

    (2)     he intended to make such a disclosure and had a

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