Part 7 of the Proceeds of Crime Act 2002: double criminality, legal certainty, proportionality and trouble ahead

Abstract

Introduces the very wideranging and draconian Proceeds of Crime Act 2002 (PoCA) and its provisions under section 7 for denying the commercial and banking system to would‐be money launderers: they are intended to turn bankers, accountants and lawyers into the unofficial policemen of financial transactions, with criminal penalties for non‐compliance. Criticises the way in which the Act characterises underlying “predicate” conduct as an essential element of criminality. Gives the background to the Act, noting the novelty for English law that the Act is concerned about crimes committed abroad as well in the UK, and construes some acts as offences because they would be against the law if committed in the UK. Deals also with the concepts of single and double criminality with regard to the Criminal Justice Act 1988 S. 93A(7).

Citation

Marshall, P. (2003), "Part 7 of the Proceeds of Crime Act 2002: double criminality, legal certainty, proportionality and trouble ahead", Journal of Financial Crime, Vol. 11 No. 2, pp. 111-126. https://doi.org/10.1108/13590790410809068