Consultation on draft Code of Practice issued by the Attorney General under Section 377A of the Proceeds of Crime Act 2002

This consultation seeks views on amendments to the Code of Practice issued by the Attorney General for England and Wales and Advocate General for Northern Ireland under section 377A of the Proceeds of Crime Act 2002 (POCA). The Code provides guidance for prosecutors in England, Wales and Northern Ireland on the exercise of the investigation powers in Chapter 2 Part 8 of POCA. The Code will replace earlier codes issued under section 377A of POCA.

This Code needs to be updated to reflect possible changes made to POCA by the Economic Crime and Corporate Transparency Bill (ECCT Bill). Subject to its commencement, the ECCT Bill will make amendments to the existing criminal powers under parts 2 to 4 of POCA and introduce new civil forfeiture powers under part 5 of POCA to increase the recovery of cryptoassets.

The Home Office has published a consultation in tandem with this one, which seeks views on five codes issued by the Home Secretary under POCA.

POCA provides that when a Code of Practice is revised, the relevant authorities must prepare and publish a draft, they must consider any representations made and modify the Codes as appropriate, and they must lay the Codes before Parliament for approval.