Background and Outline of Proceeds of Crime Act (POCA) 2002
In 1998 the Performance & Innovation Unit (PIU) of the Cabinet Office examined asset recovery arrangements with a view to improving the efficiency of the recovery process and increasing the amount of illegally obtained assets recovered. The associated report was published in June 2000 with a number of legislative and other proposals including the Proceeds of Crime Act (POCA) 2002 to deter criminality by removing access to the proceeds of crime. POCA created the following substantive offences of money laundering.
Section 327 (Concealing)
A person commits an offence if he conceals, disguises, converts, transfers or removes criminal property.
Concealing or disguising criminal property includes concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.
Section 328 (Arrangements)
A person commits an offence if he enters into or becomes concerned in an arrangement which he knows or suspects facilitates (by whatever means) the acquisition, retention, use or control of criminal property by or on behalf of another person.
Section 329 (Acquisition, Use and Possession)
A person commits an offence if he acquires criminal property; uses criminal property; has possession of criminal property.
Outline of amendments made by Serious Organised Crime and Police Act (SOCPA) 2005
Amendments made to POCA substantive offences of money laundering (S327-S329) under
The OED defines crime as: An act punishable by law, as being forbidden by statue or injuries to the public welfare… An evil or injuries act; an offence, sin; esp. of a grave chapter.
A crime is conduct (or an act of omission) which, when it results in certain consequences, may lead to prosecution and punishment in the criminal court. Newburn (2012:8). Crime is usually defined as breaking the law. The government and authorities usually set out laws for its general public to follow and those who break the law will be faced with the consequences of being punished. The behavior codes introduced by the state are examples of codes that influence society. The criminal justice system forces the law and those that break it will be faced with its consequences. Crime is often set aside for the offences that cause harm or injury to the community, individuals or state, The institute of alcohol studies stated that according to the 2011/12 CSEW, there were 917,000 violent incidents where the victim believed the offender(s) to be under the influence of alcohol, accounting for 47% of violent offences committed that year, this represents a rise of 3 percentage points on the previous year [2010/11].
This provision outlines a maximum penalty of 10 years imprisonment if found guilty of deliberately and negligently choking, suffocating or strangling an individual to the point of significant harm. It further outlines a maximum penalty of 25 years imprisonment if found guilty of committing such act with additional
Property crime is a classification of crime that includes, among other crimes, burglary, larceny, theft, motor vehicle theft, arson, shoplifting, and vandalism. Property crime only includes the taking of money or property, and doesn’t involve force or intimidation of force against a victim. An example of property crime would be “A supermarket worker who was jailed for stealing hundreds of thousands of pounds of Asda gift vouchers "amassed a fortune" which she
property, without due process of law; nor deny to any person within its jurisdiction the
crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land
A person commits an offense if, with intent that a capital felony or murder be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor reasonably believes them to be, would constitute the felony or make the other party its commission.
the instant offense of conviction; (2) the instant offense of conviction is a felony that is
Property crime is crime against one’s property that benefits the offender economically or is done to damage the property of another person. Such offenses include larceny, in which someone steals the property of another without force. Shoplifting and pickpocketing are examples of larceny. Another type of property crime is burglary, in which the offender unlawfully enters a person’s home, business, or structure of any kind with the intention of committing an act such as theft. Motor vehicle theft is also a property
illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence. Individuals and organizations
An illegal act that is committed by an adult, which is any person over the age of eighteen, is considered a crime. Acts such as
This definition at first would appear broad; it involves a number of aspects of criminality. However, it was written before the
A crime consists of an actus reus and a mens rea, in order to obtain a conviction of a criminal charge there must be a concurrence between the actus reus and mens rea. The elements of a criminal act
Property: These kind of crimes includes unauthorized computer tres passing via cyber space, transmission of harmful programmer or possession of comutersied information.
Crimes against people include assault, kidnapping, murder, and sexual attacks. Such crimes usually bring severe punishments. Crimes against property include arson, automobile theft, burglary, embezzlement, forgery, fraud, larceny, and vandalism. In most cases, these crimes carry lighter penalties than the crimes set against the person. Robbery is the crime most difficult to classify. The law considers robbery a crime against the person or against the property, according to the case. Robbery may involve simply stealing property from another person, but when a personal encounter occurs between the robber and his victim, it may include violence and bodily harm. This usually occurs during muggings or other strong-arm robberies.