Recent Developments in POCA's Confiscation Regime
The UK's Proceeds of Crime Act 2002 (POCA) is undergoing significant reforms aimed at enhancing the effectiveness of its confiscation regime. Key updates include:
Law Commission's Review: The Law Commission has initiated a project to clarify, simplify, and modernise the post-conviction confiscation regime under Part 2 of POCA. This initiative seeks to address existing complexities and improve the law's application.
Criminal Justice Bill Overhaul: The recently introduced Criminal Justice Bill proposes substantial changes to POCA's confiscation framework. The reforms aim to grant courts enhanced powers to issue realistic and proportionate confiscation orders, expedite proceedings, and strengthen enforcement mechanisms.
Expansion of Investigatory Powers: The government is consulting on extending investigatory and enforcement powers to additional agencies under POCA. This move would enable a broader range of bodies to seize assets derived from criminal activities, thereby bolstering the act's reach and effectiveness.
These developments underscore a concerted effort to enhance the UK's ability to recover proceeds of crime, ensuring that offenders are effectively deprived of their illicit gains.