All actions taken as part of investigations under Part 8 of Proceeds Of Crime Act 2002 (‘POCA’) are governed by a Code of Practice (‘the Code’).
Timothy Thompson of Kangs Solicitors outlines the areas of the investigations and authorities affected and basic requirements.
Purpose Of The Code | Kangs POCA Advisory Solicitors
The Code is designed to provide best practice in the operation of the powers of investigation and to ensure that they are exercised in a proportionate manner towards both individuals and bodies affected by POCA.
Investigations Affected | Kangs Proceed of Crime Solicitors
The investigations to which the Code applies predominantly affect:
(b) Civil recovery
(c) Detained cash
(d) Money laundering
(e) Exploitation proceeds
Investigators Affected | Kangs POCA Defence Team
The code applies to the following persons exercising function:
(a) The Director General of the National Crime Agency
(b) National Crime Agency officers
(c) Accredited financial investigators, in relation to investigations in England and Wales only
(d) Constables, in relation to investigations in England and Wales only
(e) Officers of HM Revenue and Customs
(f) Immigration officers
Procedural Requirements | Kangs National POCA Defence Team
It is a basic obligation that those exercising the powers placed upon them, when seeking search warrants, ensure that the purpose of their actions is clear and justifiable given the level of disruption and interference that will affect an individual’s life following the seizure of material, documents and personal information.
Consideration has to be given as to whether the same ends could be met by less aggressive action.
Our Recent Experience | Civil Recovery Solicitors | Tax Solicitors
The NCA frequently use their powers to conduct a parallel tax investigation by adopting the powers of HMRC for this purpose.
How Can We Assist You? | Kangs Financial Crime Defence Solicitors
Please feel welcome to contact our Team through any of the following who will be pleased to discuss your situation with you: