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02 August 2018 / Mickaela Fox , Mickaela Fox
Issue: 7804 / Categories: Features , Criminal
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Surviving the ‘POCA freeze’

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Which party should bear the cost of complying with POCA? Mickaela Fox & Nicholas Medcroft examine the consent regime

  • Looks at the consent regime under Part 7, Proceeds of Crime Act (POCA).
  • Considers which party should bear the costs of compliance with POCA’s mandatory ‘freeze’.
  • Explores Joshua Brien v Irwin Mitchell.

Part 7 of the Proceeds of Crime Act (POCA) is concerned with money laundering. As well as creating the principal money laundering offences it establishes the consent regime, whereby a party that makes an ‘authorised disclosure’ to, and obtains ‘appropriate consent’ from the National Crime Agency (NCA) is afforded a defence to money laundering.

Appropriate consent can be actual or deemed. Deemed consent arises in two ways: firstly, if no reply is received to an authorised disclosure within seven days; and secondly, where consent to an authorised disclosure is refused, then after a 31-day moratorium period, if the disclosing party has heard nothing, consent is deemed to be given. Recent amendments to POCA in the Criminal Finances Act 2017 provides

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MOVERS & SHAKERS

Devonshires—Rebecca Eastwood

Devonshires—Rebecca Eastwood

Housing management and property litigation practice strengthened by Leeds partner hire

Trowers & Hamlins—Rahul Sagar

Trowers & Hamlins—Rahul Sagar

Banking and finance practice bolstered by partner hire

mfg Solicitors—Ian Sheppard

mfg Solicitors—Ian Sheppard

Commercial litigation team welcomes senior associate in Birmingham

NEWS
A ‘parallel justice system’ is developing due to the increased use of Out of Court Resolutions (OOCRs), magistrates have warned
The government’s plan to cut jury trials could ‘cause more delays than it could ever serve to reduce’, veteran silk Geoffrey Robertson KC has warned
Artificial intelligence (AI) could be used to generate faster and cheaper transcripts of criminal court proceedings, ministers have announced
Solicitors practising litigation have been issued with a Law Society practice note following the Court of Appeal’s judgment in Mazur
Sir Andrew McFarlane has retired from the judiciary, following nearly eight years as president of the Family Division and president of the Court of Protection
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