How will a new code of practice affect the rights of money
laundering suspects? asks William Chapman
The government is considering responses from “stakeholders” to its proposed new code of practice for investigators under Ch 2 of Pt 8 of the Proceeds of Crime Act 2002 (POCA 2002) issued, as required, under s 377. The code regulates the wide-ranging powers available to investigators of money laundering offences under Pt 8. The Home Office intends to publish responses within three months. The proposed code contains only minor modifications to the existing code. Some of these have been consequential amendments following amendments made to POCA 2002 by the Serious Crime Act 2007. There have been a few additions, but for the most part the consultation process has been an opportunity for comment upon the working of the existing code since POCA 2002 came into force.
LOWER CRIME V HUMAN RIGHTS
Those comments are likely to focus on the balance that needs to be struck between the desire of the state
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