|
| |
|
(2) | In section 330(1) (regulated sector: failure to disclose: offence committed if |
| |
three conditions satisfied), for “each of the following three conditions is |
| |
satisfied” substitute “the conditions in subsections (2) to (4) are satisfied”. |
| |
(3) | For section 330(4) to (6) (the required disclosure) substitute— |
| |
“(3A) | The third condition is— |
| 5 |
(a) | that he can identify the other person mentioned in subsection |
| |
(2) or the whereabouts of any of the laundered property, or |
| |
(b) | that he believes, or it is reasonable to expect him to believe, that |
| |
the information or other matter mentioned in subsection (3) will |
| |
or may assist in identifying that other person or the |
| 10 |
whereabouts of any of the laundered property. |
| |
(4) | The fourth condition is that he does not make the required disclosure |
| |
| |
(a) | a nominated officer, or |
| |
(b) | a person authorised for the purposes of this Part by the Director |
| 15 |
General of the Serious Organised Crime Agency, |
| |
| as soon as is practicable after the information or other matter |
| |
mentioned in subsection (3) comes to him. |
| |
(5) | The required disclosure is a disclosure of— |
| |
(a) | the identity of the other person mentioned in subsection (2), if |
| 20 |
| |
(b) | the whereabouts of the laundered property, so far as he knows |
| |
| |
(c) | the information or other matter mentioned in subsection (3). |
| |
(5A) | The laundered property is the property forming the subject-matter of |
| 25 |
the money laundering that he knows or suspects, or has reasonable |
| |
grounds for knowing or suspecting, that other person to be engaged in. |
| |
(6) | But he does not commit an offence under this section if— |
| |
(a) | he has a reasonable excuse for not making the required |
| |
| 30 |
(b) | he is a professional legal adviser and— |
| |
(i) | if he knows either of the things mentioned in subsection |
| |
(5)(a) and (b), he knows the thing because of information |
| |
or other matter that came to him in privileged |
| |
| 35 |
(ii) | the information or other matter mentioned in subsection |
| |
(3) came to him in privileged circumstances, or |
| |
(c) | subsection (7) applies to him.” |
| |
(4) | For section 331(4) to (6) (failure to disclose: nominated officers in the regulated |
| |
sector: the required disclosure) substitute— |
| 40 |
“(3A) | The third condition is— |
| |
(a) | that he knows the identity of the other person mentioned in |
| |
subsection (2), or the whereabouts of any of the laundered |
| |
property, in consequence of a disclosure made under section |
| |
| 45 |
|
| |
|
| |
|
(b) | that that other person, or the whereabouts of any of the |
| |
laundered property, can be identified from the information or |
| |
other matter mentioned in subsection (3), or |
| |
(c) | that he believes, or it is reasonable to expect him to believe, that |
| |
the information or other matter will or may assist in identifying |
| 5 |
that other person or the whereabouts of any of the laundered |
| |
| |
(4) | The fourth condition is that he does not make the required disclosure |
| |
to a person authorised for the purposes of this Part by the Director |
| |
General of the Serious Organised Crime Agency as soon as is |
| 10 |
practicable after the information or other matter mentioned in |
| |
subsection (3) comes to him. |
| |
(5) | The required disclosure is a disclosure of— |
| |
(a) | the identity of the other person mentioned in subsection (2), if |
| |
disclosed to him under section 330, |
| 15 |
(b) | the whereabouts of the laundered property, so far as disclosed |
| |
to him under section 330, and |
| |
(c) | the information or other matter mentioned in subsection (3). |
| |
(5A) | The laundered property is the property forming the subject-matter of |
| |
the money laundering that he knows or suspects, or has reasonable |
| 20 |
grounds for knowing or suspecting, that other person to be engaged in. |
| |
(6) | But he does not commit an offence under this section if he has a |
| |
reasonable excuse for not making the required disclosure.” |
| |
(5) | In section 332(3) (failure to disclose: other nominated officers: the second |
| |
condition), for “section 337 or 338” substitute “the applicable section”. |
| 25 |
(6) | For section 332(4) to (6) (the required disclosure) substitute— |
| |
“(3A) | The third condition is— |
| |
(a) | that he knows the identity of the other person mentioned in |
| |
subsection (2), or the whereabouts of any of the laundered |
| |
property, in consequence of a disclosure made under the |
| 30 |
| |
(b) | that that other person, or the whereabouts of any of the |
| |
laundered property, can be identified from the information or |
| |
other matter mentioned in subsection (3), or |
| |
(c) | that he believes, or it is reasonable to expect him to believe, that |
| 35 |
the information or other matter will or may assist in identifying |
| |
that other person or the whereabouts of any of the laundered |
| |
| |
(4) | The fourth condition is that he does not make the required disclosure |
| |
to a person authorised for the purposes of this Part by the Director |
| 40 |
General of the Serious Organised Crime Agency as soon as is |
| |
practicable after the information or other matter mentioned in |
| |
subsection (3) comes to him. |
| |
(5) | The required disclosure is a disclosure of— |
| |
(a) | the identity of the other person mentioned in subsection (2), if |
| 45 |
disclosed to him under the applicable section, |
| |
(b) | the whereabouts of the laundered property, so far as disclosed |
| |
to him under the applicable section, and |
| |
|
| |
|
| |
|
(c) | the information or other matter mentioned in subsection (3). |
| |
(5A) | The laundered property is the property forming the subject-matter of |
| |
the money laundering that he knows or suspects that other person to be |
| |
| |
(5B) | The applicable section is section 337 or, as the case may be, section 338. |
| 5 |
(6) | But he does not commit an offence under this section if he has a |
| |
reasonable excuse for not making the required disclosure.” |
| |
(7) | In section 337 (protected disclosures), after subsection (4) insert— |
| |
“(4A) | Where a disclosure consists of a disclosure protected under subsection |
| |
(1) and a disclosure of either or both of— |
| 10 |
(a) | the identity of the other person mentioned in subsection (3), and |
| |
(b) | the whereabouts of property forming the subject-matter of the |
| |
money laundering that the discloser knows or suspects, or has |
| |
reasonable grounds for knowing or suspecting, that other |
| |
| 15 |
| the disclosure of the thing mentioned in paragraph (a) or (b) (as well as |
| |
the disclosure protected under subsection (1)) is not to be taken to |
| |
breach any restriction on the disclosure of information (however |
| |
| |
100 | Money laundering: form and manner of disclosures |
| 20 |
(1) | In the Proceeds of Crime Act 2002 (c. 29), Part 7 (money laundering) is |
| |
| |
(2) | In each of sections 330(9)(b), 337(5)(b) and 338(5)(b) (disclosure to nominated |
| |
officer is ineffective if employer’s procedures not followed), omit “and in |
| |
accordance with the procedure established by the employer for the purpose”. |
| 25 |
(3) | In section 334 (penalties), after subsection (2) insert— |
| |
“(3) | A person guilty of an offence under section 339(1A) is liable on |
| |
summary conviction to a fine not exceeding level 5 on the standard |
| |
| |
(4) | In section 338(1) (authorised disclosures), omit paragraph (b) (disclosure must |
| 30 |
be made in prescribed form and manner) but not the “and” at the end. |
| |
(5) | In section 339 (form and manner of disclosures), for subsections (2) and (3) |
| |
| |
“(1A) | A person commits an offence if he makes a disclosure under section |
| |
330, 331, 332 or 338 otherwise than in the form prescribed under |
| 35 |
subsection (1) or otherwise than in the manner so prescribed. |
| |
(1B) | But a person does not commit an offence under subsection (1A) if he |
| |
has a reasonable excuse for making the disclosure otherwise than in the |
| |
form prescribed under subsection (1) or (as the case may be) otherwise |
| |
than in the manner so prescribed. |
| 40 |
(2) | The power under subsection (1) to prescribe the form in which a |
| |
disclosure must be made includes power to provide for the form to |
| |
include a request to a person making a disclosure that the person |
| |
|
| |
|
| |
|
provide information specified or described in the form if he has not |
| |
provided it in making the disclosure. |
| |
(3) | Where under subsection (2) a request is included in a form prescribed |
| |
under subsection (1), the form must— |
| |
(a) | state that there is no obligation to comply with the request, and |
| 5 |
(b) | explain the protection conferred by subsection (4) on a person |
| |
who complies with the request.” |
| |
101 | Money laundering: miscellaneous amendments |
| |
(1) | In the Proceeds of Crime Act 2002 (c. 29), Part 7 (money laundering) is |
| |
| 10 |
(2) | In section 330 (regulated sector: failure to disclose), after subsection (9) insert— |
| |
“(9A) | But a disclosure which satisfies paragraphs (a) and (b) of subsection (9) |
| |
is not to be taken as a disclosure to a nominated officer if the person |
| |
| |
(a) | is a professional legal adviser, |
| 15 |
(b) | makes it for the purpose of obtaining advice about making a |
| |
disclosure under this section, and |
| |
(c) | does not intend it to be a disclosure under this section.” |
| |
(3) | In section 337(5)(a) (disclosure to person nominated to receive disclosures |
| |
under section 337), after “disclosures under” insert “section 330 or”. |
| 20 |
(4) | In section 338(1)(c) (first or second condition must be satisfied for disclosure to |
| |
be authorised), for “or second” substitute “, second or third”. |
| |
(5) | In section 338 (authorised disclosures), after subsection (2) insert— |
| |
“(2A) | The second condition is that— |
| |
(a) | the disclosure is made while the alleged offender is doing the |
| 25 |
| |
(b) | he began to do the act at a time when, because he did not then |
| |
know or suspect that the property constituted or represented a |
| |
person’s benefit from criminal conduct, the act was not a |
| |
| 30 |
(c) | the disclosure is made on his own initiative and as soon as is |
| |
practicable after he first knows or suspects that the property |
| |
constitutes or represents a person’s benefit from criminal |
| |
| |
(6) | In section 338(3) (the second condition), for “second” substitute “third”. |
| 35 |
102 | Money laundering offences |
| |
(1) | The Proceeds of Crime Act 2002 is amended as follows. |
| |
(2) | In section 364 (meaning of customer information) in subsection (5)— |
| |
(a) | after paragraph (a) insert— |
| |
“(aa) | constitutes an offence specified in section 415(1A) of this |
| 40 |
| |
(b) | in paragraph (b) after “paragraph (a)” insert “or (aa)”. |
| |
|
| |
|
| |
|
(3) | In section 398 (meaning of customer information: Scotland) in subsection (5)— |
| |
(a) | after paragraph (a) insert— |
| |
“(aa) | constitutes an offence specified in section 415(1A) of this |
| |
| |
(b) | in paragraph (b) after “paragraph (a)” insert “or (aa)”. |
| 5 |
(4) | In section 415 (money laundering offences) after subsection (1) insert— |
| |
“(1A) | Each of the following is a money laundering offence— |
| |
(a) | an offence under section 93A, 93B or 93C of the Criminal Justice |
| |
| |
(b) | an offence under section 49, 50 or 51 of the Drug Trafficking Act |
| 10 |
| |
(c) | an offence under section 37 or 38 of the Criminal Law |
| |
(Consolidation) (Scotland) Act 1995; |
| |
(d) | an offence under article 45, 46 or 47 of the Proceeds of Crime |
| |
(Northern Ireland) Order 1996.” |
| 15 |
103 | International co-operation |
| |
(1) | Part 11 of the Proceeds of Crime Act 2002 (c. 29) (co-operation) is amended as |
| |
| |
(2) | In section 444 (external requests and orders), for subsection (3)(a) (Order under |
| |
the section may include provision about the functions of the Secretary of State, |
| 20 |
the Lord Advocate, the Scottish Ministers and the Director of the Assets |
| |
Recovery Agency) substitute— |
| |
“(a) | provision about the functions of any of the listed persons in |
| |
relation to external requests and orders;”. |
| |
(3) | In that section, after subsection (3) insert— |
| 25 |
“(4) | For the purposes of subsection (3)(a) “the listed persons” are— |
| |
(a) | the Secretary of State; |
| |
| |
(c) | the Scottish Ministers; |
| |
| 30 |
(e) | the Director of Public Prosecutions; |
| |
(f) | the Director of Public Prosecutions for Northern Ireland; |
| |
(g) | the Director of the Serious Fraud Office; and |
| |
(h) | the Director of Revenue and Customs Prosecutions.” |
| |
(4) | In section 447(3) (meaning of “external investigation”), after paragraph (a) |
| 35 |
| |
“(aa) | the extent or whereabouts of property obtained as a result of or |
| |
in connection with criminal conduct, or”. |
| |
|
| |
|
| |
|
| |
| |
| |
| |
(1) | For section 24 of PACE (arrest without warrant for arrestable offences) |
| 5 |
| |
“24 | Arrest without warrant: constables |
| |
(1) | A constable may arrest without a warrant— |
| |
(a) | anyone who is about to commit an offence; |
| |
(b) | anyone who is in the act of committing an offence; |
| 10 |
(c) | anyone whom he has reasonable grounds for suspecting to be |
| |
about to commit an offence; |
| |
(d) | anyone whom he has reasonable grounds for suspecting to be |
| |
| |
(2) | If a constable has reasonable grounds for suspecting that an offence has |
| 15 |
been committed, he may arrest without a warrant anyone whom he has |
| |
reasonable grounds to suspect of being guilty of it. |
| |
(3) | If an offence has been committed, a constable may arrest without a |
| |
| |
(a) | anyone who is guilty of the offence; |
| 20 |
(b) | anyone whom he has reasonable grounds for suspecting to be |
| |
| |
(4) | But the power of summary arrest conferred by subsection (1), (2) or (3) |
| |
is exercisable only if the constable has reasonable grounds for believing |
| |
that for any of the reasons mentioned in subsection (5) it is necessary to |
| 25 |
arrest the person in question. |
| |
| |
(a) | to enable the name of the person in question to be ascertained |
| |
(in the case where the constable does not know, and cannot |
| |
readily ascertain, the person’s name, or has reasonable grounds |
| 30 |
for doubting whether a name given by the person as his name |
| |
| |
(b) | correspondingly as regards the person’s address; |
| |
(c) | to prevent the person in question— |
| |
(i) | causing physical injury to himself or any other person; |
| 35 |
(ii) | suffering physical injury; |
| |
(iii) | causing loss of or damage to property; |
| |
(iv) | committing an offence against public decency (subject to |
| |
| |
(v) | causing an unlawful obstruction of the highway; |
| 40 |
(d) | to protect a child or other vulnerable person from the person in |
| |
| |
(e) | to allow the prompt and effective investigation of the offence or |
| |
of the conduct of the person in question; |
| |
|
| |
|
| |
|
(f) | to prevent any prosecution for the offence from being hindered |
| |
by the disappearance of the person in question. |
| |
(6) | Subsection (5)(c)(iv) applies only where members of the public going |
| |
about their normal business cannot reasonably be expected to avoid the |
| |
| 5 |
24A | Arrest without warrant: other persons |
| |
(1) | A person other than a constable may arrest without a warrant— |
| |
(a) | anyone who is in the act of committing an offence; |
| |
(b) | anyone whom he has reasonable grounds for suspecting to be |
| |
| 10 |
(2) | Where an offence has been committed, a person other than a constable |
| |
may arrest without a warrant— |
| |
(a) | anyone who is guilty of the offence; |
| |
(b) | anyone whom he has reasonable grounds for suspecting to be |
| |
| 15 |
(3) | But the power of summary arrest conferred by subsection (1) or (2) is |
| |
| |
(a) | the person making the arrest has reasonable grounds for |
| |
believing that for any of the reasons mentioned in subsection (4) |
| |
it is necessary to arrest the person in question; and |
| 20 |
(b) | it appears to the person making the arrest that it is not |
| |
reasonably practicable for a constable to make it instead. |
| |
(4) | The reasons are to prevent the person in question— |
| |
(a) | causing physical injury to himself or any other person; |
| |
(b) | suffering physical injury; |
| 25 |
(c) | causing loss of or damage to property; or |
| |
(d) | making off before a constable can assume responsibility for |
| |
| |
(2) | Section 25 of PACE (general arrest conditions) shall cease to have effect. |
| |
(3) | In section 66 of PACE (codes of practice), in subsection (1)(a)— |
| 30 |
(a) | omit “or” at the end of sub-paragraph (i), |
| |
(b) | at the end of sub-paragraph (ii) insert “or |
| |
(iii) | to arrest a person.” |
| |
(4) | The sections 24 and 24A of PACE substituted by subsection (1) are to have |
| |
effect in relation to any offence whenever committed. |
| 35 |
105 | Powers of arrest: supplementary |
| |
Schedule 7, which supplements section 104 by providing for the repeal of |
| |
certain enactments (including some which are spent) and by making further |
| |
supplementary provision, has effect. |
| |
|
| |
|