Consultation outcome

Draft codes of practice issued under POCA 2002 and the Terrorism Act 2000

• From: Home Office
• Published: 28 March 2023
• Last updated: 25 January 2024 — See all updates

This was published under the 2022 to 2024 Sunak Conservative government

This consultation has concluded

Detail of outcome

The draft codes of practice were laid in Parliament on January 22 2024 and will be debated in due course as part of parliamentary procedure.

Read the draft statutory instrument and explanatory memorandum for the Proceeds of Crime Act 2002.

Read the draft statutory instrument and explanatory memorandum for the Terrorism Act 2000.

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Original consultation

Summary

We are consulting on amendments made to codes of practice issued under the Proceeds of Crime Act 2002 (POCA) and the Terrorism Act 2000.

This consultation ran from
11:30am on 28 March 2023 to 5pm on 20 June 2023

Consultation description

Three existing codes of practice need to be updated and one new code of practice made to reflect possible changes made to the Proceeds of Crime Act 2002 (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. It is also intended that the new civil forfeiture cryptoasset powers will be replicated in schedule 1 to the Anti-Terrorism Crime and Security Act 2001 (ATCSA) and schedule 6 to the Terrorism Act 2000 (TACT). The equivalent Code of Practice in schedule 1 to ATCSA also needs to be updated.

The Home Office is legally required to consult on any changes to the codes.

We are aware these publications may have accessibility issues. We are reviewing them so that we can fix these. Read more about our accessible documents policy.

Documents

Consultation document (accessible)

HTML

Consultation document

PDF, 112 KB, 12 pages

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Accessible consultation reponse form

ODT, 8.49 KB

This file is in an OpenDocument format

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Draft Code of Practice for officers acting under Schedule 1 to the Anti-Terrorism, Crime and Security Act 2001

PDF, 571 KB, 39 pages

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Draft Code of Practice issued under section 47S of the Proceeds of Crime Act 2002 Search, Seizure and Detention of Property (England and Wales)

PDF, 574 KB, 39 pages

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Draft Code of Practice issued under section 195S of the Proceeds of Crime Act 2002 Search, Seizure and Detention of Property (Northern Ireland)

PDF, 408 KB, 37 pages

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Draft Code of Practice issued under section 377 of the Proceeds of Crime Act 2002

PDF, 758 KB, 79 pages

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Draft Code of Practice issued under section 303Z25 of the Proceeds of Crime Act 2002 Recovery of Cryptoassets: Search Powers

PDF, 502 KB, 31 pages

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Published 28 March 2023
Last updated 25 January 2024 + show all updates

1. 25 January 2024

   Added links to the draft statutory instrument and explanatory memorandum for the Proceeds of Crime Act 2002 and the Terrorism Act 2000.

2. 22 January 2024

   This consultation has concluded.

3. 28 March 2023

   First published.