Commentary re Recent Amendment to Proceeds of Crime Act

, Dear We hope you will find room for the following article idea on the proceeds of crime, from Michael Potts, partner at specialist criminal litigation firm Byrne and Partners. Please let us know if you would like Michael to extend this article for you. I look forward to hearing from you soon. Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009/975 This statutory instrument has given civilian investigators powers to obtain restraint orders (criminal freezing orders) against criminal property, seize cash and raid homes and other properties in relation to the investigation. These powers were only formerly wielded by the police, HM Revenue and Customs and other criminal agencies. In effect, this widens the powers to bodies such a local authorities and even the Royal Mail. The issues are as follows: • The powers under the Proceeds of Crime Act 2002 are draconian and very intrusive • There was no consultation and in effect no debate for what is a major development • What training will the new bodies be given? • Given there is no de-minimis limit on the amount of the benefit from a crime, will the powers be used in relation to petty offences? • There are incentives for recovery of money so could that lead to targeting certain matters that would otherwise have been dealt with in other ways. Contacts: Michael Potts, Partner, Byrne and Partners: 0207 107 2400 michael.potts@byrneandpartners.com www.byrneandpartners.com Lauren Alexander, Maltin PR: 0207 887 1357 lauren@maltinpr.com www.maltinpr.com