Cunninghams Solicitors

Which offences fall under the Proceeds of Crime Act?

If you’re facing a charge under the Proceeds of Crime Act 2002 it can be a distressing time. As leading criminal defence solicitors specialising in the Proceeds of Crime Act, we are here to support you. We can explain the implications of the accusation, ensure that you understand your rights, and help you with next steps.

What is the Proceeds of Crime Act 2002?

When we refer to the ‘Proceeds of crime’, we’re referring to any money or assets gained through undertaking criminal activities and money laundering.

Prior to The Proceeds of Crime Act 2002 coming into play, the law on proceeds of crime was governed by the Criminal Justice Act 1988 and the Drug Trafficking Act 1994. However, since the new legislation was introduced, any offences committed on or after the 24th March 2003 are now governed by the Proceeds of Crime Act 2002.

What offences fall under the Proceeds of Crime Act 2002?

There are three categories of offence that fall under the Proceeds of Crime Act 2002:

1. Concealing

Concealing is where a person knows about or suspects money laundering is taking place, but aims to cover up its existence. If you have tried to disguise, conceal, convert, transfer or remove any illegal funds, then you could be accused of committing this offence.

An example of attempting to conceal criminal property may be the depositing of funds obtained through criminal activity into a gambling account, or converting criminal property by placing bets in a gambling establishment and then cashing in the winnings. 

Concealing is part of money laundering and aims to integrate illegally sourced funds in a legitimate financial system, such as a bank, by covering up the source of the funds.

2. Arranging

Arranging is a crime committed by someone who launders money on behalf of others. 

An arrangement can include anything that helps another person to commit a money laundering offence, such as setting up a bank account to deposit criminal property. An example of arranging may be when someone in a financial or credit institution, such as an accountant, helps a criminal to launder their money. 

3. Acquisition, use and possession

Acquisition, use and possession is when someone looks to benefit from money laundering by acquiring criminal property, using criminal property, or possessing criminal property. An example of this is when anything is purchased using illegal funds. 

What are the consequences of being prosecuted under the Proceeds of Crime Act 2002?

One of the consequences of being prosecuted under the Proceeds of Crime Act 2002 is that authorities (such as the Crown Prosecution Service) have the power to confiscate any proceeds of the crime.

If you are sentenced under the Proceeds of Crime Act, you can also receive a sentence of up to 14 years imprisonment. This is why, if you are accused of committing an offence under the Proceeds of Crime Act, it is important to contact a criminal defence solicitor as soon as possible. A solicitor who specialises in the POCA will be able to help you build the best defence from the start, which will stand you in better stead when it comes to sentencing.

14 years is the maximum sentence: the sentence you will receive depends on a number of factors including your culpability and the amount of money involved in the crime. 

Culpability is split into three categories- high, medium, and lesser culpability. High culpability (category A), is for people who play a leading role in the crime. For example, they may have been involved in planning the crime and pressured others to join them. Category B – medium culpability- is for people who play a key role in criminal activity, but are not the main initiator. Category C – lesser culpability – is for people who played a part in the criminal activity, but were perhaps forced to join in, lacked the understanding of the extent of the criminal activity, or were not motivated by personal gain.

The amount of money involved in the crime also plays a part in the sentence you may receive if found guilty under the Proceeds of Crime Act 2002. There are 6 categories of monetary amount, with Category 1 reserved for crimes where the amount of money was £10 million or more, down to Category 6, which is less than £10,000.

How can a Proceeds of Crime Solicitor help?

If you are facing charges under the Proceeds of Crime Act it is vital that you get an experienced criminal defence solicitor to represent you immediately.

Look for a criminal defence solicitor who has expertise and experience of dealing with proceeds of crime. Your defence solicitor should help you prepare your defence as early as possible. Seeking the correct legal assistance as soon as possible can help you feel like you’re not alone in what can be a very stressful time. Your defence solicitor can provide invaluable advice and support.

Cunninghams are Criminal Defence Solicitors based in Manchester, with over 20 years experience in defending clients facing charges of serious crime and fraud. The team at Cunninghams are specialists in defending people facing charges under the POCA and have the expertise to help you build a strong case and to support you at every stage.

It is never too early to seek expert legal advice if you are suspected of any type of crime. Cunningham’s initial advice is always free of charge. Contact us on 0800 051 2542 or enquire online.