The Criminal Procceds Act (POCA).
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The Proceeds Of Crime Act 2002:
Amongst other things, the 2002 act made it easier to convict criminal suspects because prior to it being enacted prosecutors had to rely on the Drug Trafficking Act 1994 for offences of drug trafficking, and the Criminal Justice Act 1988 as amended by the Criminal Justice Act 1993 for proceeds of other crimes. In essence prior to 2002 a prosecuting lawyer had to prove that the monies or assets were the proceeds of crime and also what ‘type’ of crime the proceeds came from. The 2002 Act makes convictions more likely by removing the need to make a distinction between types of crime that made the money.
The first act of Parliament for England and Wales aimed at stripping criminals of illegally acquired gains was the Drug Trafficking Offences Act 1986. Scotland was provided with similar powers under the Criminal Justice (Scotland Act) 1987. These acts of Parliament were introduced following the House of Lords ruling that under the law as it then was some £750,0000 had to be returned to a gang of drug dealers. These proceeds had been traced to the defendants in a police operation codenamed “Operation Julie” in 1978. Powers for the courts to confiscate proceeds of crime were extended under the Criminal Justice Act 1988 and the Criminal Justice (Scotland) Act 1995. These Acts provided the courts with powers to confiscate proceeds of crime where an offence had been committed other than drug trafficking offences, in specified circumstances. Powers for the courts in Northern Ireland to confiscate proceeds in both drug trafficking and other offences was introduced by Criminal Justice (Confiscation) (Northern Ireland) Order 1990. These acts were amended by: Criminal Justice Act 1993, the Drug Trafficking Act 1994, the Proceeds of Crime (Scotland) Act 1995 and the Proceeds of Crime (Northern Ireland) Order 1996.
