Updated CPS guidance relating to The Proceeds of Crime Act 2002
09 June 2021
The Crown Prosecution Service (CPS) has published revised guidance (opens in new tab) to expand the circumstances under which the prosecution of a section 330 principle offence under The Proceeds of Crime Act 2002 (POCA) (opens in new tab) could occur. This will include both knowledge and suspicion of money laundering (previously just knowledge). It is therefore important for operators to note that section 330 creates an obligation to report suspicions of money laundering to the authorities, regardless of whether money laundering actually takes place.
Operators are reminded of the need to submit a suspicious activity report (SAR) to the UK Financial Intelligence Unit (UKFIU) wherever there is knowledge or suspicion of money laundering (including criminal spend) or terrorist financing (as required under PoCA and The Terrorism Act 2000 (opens in new tab). Please see the National Crime Agency's website (opens in new tab) for details on the SAR submission process.
Operators are also required to submit a corresponding SAR key event to the Commission whenever they submit a SAR to the UKFIU (as required under Licence 15.2.1 of the LCCP).