Consultation documentThe Proceeds of Crime Act 2002 (POCA) contains a comprehensive legal framework for the investigation, and the recovery, of the proceeds of crime. The Economic Crime and Corporate Transparency Act 2023 (ECCT Act) added to the asset recovery and investigation powers in POCA. The operation of certain powers within POCA, including some of those inserted by the ECCT Act, are subject to 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.
POCA provides that when a code of practice is issued or revised, the Department must prepare and publish a draft, consider any representations made and modify the codes, as appropriate. The NI codes must then be laid before the Northern Ireland Assembly for approval. This consultation is on the codes of practice issued by the Department of Justice which provide guidance to constables and accredited financial investigators on the exercise of certain POCA powers in Northern Ireland.
The draft codes of practice for consultation are:
- a revised Code of Practice issued under Section 195T of POCA: Search, Seizure and Detention of Property (Northern Ireland)
- a revised Code of Practice issued under Section 377ZA of POCA: Investigations (Northern Ireland)
- a new Code of Practice issued under Section 303Z25 of POCA: Recovery of Cryptoassets: Search Powers (Northern Ireland)
The Department would welcome views on the guidance contained in the draft codes of practice, not on the actual ECCT Act/POCA powers. We would welcome comments on any passages that are confusing, ambiguous or lacking in clarity, or if you believe there are gaps. The consultation will be of particular interest to Government Departments and organisations accredited with powers under the Proceeds of Crime Act 2002.
Responses to this consultation can be made via Citizenspace