The Proceeds of Crime Act 2002 criminalises dealing with the proceeds of crime — and its offences can catch those who merely suspect, or fail to report, what they handle.
Liability under POCA turns less on what a person did with tainted money than on what they knew, suspected, or should have reported. This chapter begins with the scope of the Act, the meaning of criminal property, and the deliberately low threshold of suspicion that underpins the offences. It then works through the three principal offences in ss 327–329, the defences available — including authorised disclosure to the NCA, the consent procedure and the moratorium period — and the failure to disclose offences that apply in the regulated sector, with the training defence and privileged circumstances exemption. It closes with tipping off and prejudicing an investigation, the penalties each offence carries, and the warning signs that suggest a transaction may involve laundering.
