Minister of State for Security, : I intend to lay legislation in 2021 which will
commence the Criminal Finances Act 2017 in Northern Ireland. As
part of this, I will issue updated codes of practice under the
Proceeds of Crime Act 2002.
The Proceeds of Crime Act 2002 contains a comprehensive package
of measures designed to make the recovery of unlawfully held
assets more effective. The operation of certain powers within
POCA are subject to guidance in various codes of practice issued
by the Home Secretary, the Attorney General and the Advocate
General for Northern Ireland, the Department of Justice and
Scottish Ministers.
The existing codes of practice need to be updated to reflect my
intention to commence the Criminal Finances Act in Northern
Ireland, following consent from the Justice Minster, . The
changes to the codes will not come in to force until the Criminal
Finances Act has come in to force in Northern Ireland.
The Proceeds of Crime Act provides that before a revised code of
practice is issued, I must consider any representations made and
modify the codes as appropriate, and subsequently lay the codes
before Parliament for approval. As such, I will launch a
consultation today, 1 December, for eight weeks.
I intend to consult on changes to the following codes of
practice:
- The Investigation Code of Practice issued under s.377 of the
Proceeds of Crime Act, which provides guidance for investigators
in England, Wales and Northern Ireland.
- The Search, Seizure and Detention of Property Code of
Practice issued under s.195S of the Proceeds of Crime Act, which
provides guidance in relation to certain reserved functions in
Northern Ireland.
- The Recovery of Cash: Search Powers Codes of Practice issued
under s.292 of the Proceeds of Crime Act, which provides guidance
for investigators in England, Wales and Northern Ireland.
- The Recovery of Listed Assets: Search Powers Codes of
Practice issued under s. 303G of the Proceeds of Crime Act, which
provides guidance for investigators in England, Wales and
Northern Ireland.
The Attorney General will also consult on changes to the
Investigation Code of Practice issued under s.377A of the
Proceeds of Crime Act, which provides guidance for prosecutors in
England, Wales and Northern Ireland.
