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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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