Solicitors handle client money, complex transactions and confidential information every day — which puts them squarely within the reach of money laundering law. The Proceeds of Crime Act 2002 creates a web of offences that can catch you even where you never touch the money yourself and even where you only should have suspected something was wrong. Knowing how these offences work, and how to protect yourself, is an essential part of safe practice.
This lesson builds your understanding step by step:
- Overview and Criminal Property — what money laundering means, the four categories of offence, and what makes property "criminal".
- Suspicion and the Mental Element — what "suspicion" requires, and how subjective and objective tests differ.
- Principal Money Laundering Offences (ss 327–329) — the three core ways of dealing with criminal property.
- Defences and the Consent Procedure — the defences available, and how disclosure, consent and the moratorium period work.
- Failure to Disclose (ss 330–331) — the reporting duties on the regulated sector and nominated officers, and their exemptions.
- Tipping Off and Prejudicing an Investigation — what you must not reveal, and the conduct that obstructs investigations.
- Penalties and Red Flags in Practice — the consequences, the warning signs to watch for, and what to do when they appear.