CHAPTER 9A

July 2013

PROCEEDS OF CRIME ACT 2002 AND TERRORISM ACT 2000

INTRODUCTION (amended May 2014) 

9A.1 Introduction

This chapter deals with the Proceeds of Crime Act 2002 (PoCA02) which provides both criminal and civil procedures for the protection and realisation of assets where it is suspected that they are acquired with the proceeds of crime.  This guidance will assist the official receiver when dealing with the assets of a company in liquidation or a bankrupt who is subject to one of these procedures.

See Part 1 for an outline of the different types of procedures available under PoCA02 and who may take these proceedings.

The Chapter also provides guidance where the insolvent’s property is subject to a forfeiture or restraint order under the terrorism legislation (see Part 7).

The chapter is divided into six parts as follows:

Part 1 – Introduction (paragraphs 9A.2 to 9A.12)

Part 2 – Action against assets in criminal cases – restraint orders (paragraphs 9A.13 to 9A.52)

Part 3 – Action against assets in criminal cases – confiscation orders (paragraphs 9A.53 to 9A.84)

Part 4 – Civil recovery (paragraphs 9A.85 to 9A.122)

Part 5 – Cash seizure and forfeiture (paragraphs 9A.123 to 9A.147)

Part 6 – Revenue functions (paragraph 9A.148 to 9A.152)

Part 7 – Forfeiture and restraint orders under the Terrorism Act 2000 (paragraphs 9A.153 to 9A.159)

In addition, information and guidance are contained in the following annexes:

Annex A – Flowchart to show the interaction of insolvency orders and criminal confiscation

Annex B – Example application to dismiss or vary a restraint/freezing or interim receiving order - liquidation

Annex C – Example application to dismiss or vary a restraint/freezing or interim receiving order - bankruptcy

Annex D – Flowchart to show the confiscation court process

Annex E – Example application for release of detained cash - liquidation

Annex F – Example application for release of detained cash - bankruptcy

The following abbreviations are used in this chapter:

PoCA02 – Proceeds of Crime Act 2002

SOCA – Serious Organised Crime Agency

HMRC – HM Revenue and Customs

[On to Part 1 – Introduction]