88-643: The Proceeds of Crime Act 2002 (c. 29) (POCA) is an act of the Parliament of the United Kingdom which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money laundering legislation in the UK. The act was enacted following the publication on 14 June 2000 of new government policy as set out in the Performance and Innovation Unit's report "Recovering
176-577: A public bill committee ; after that it became House of Lords Bill 33. Then it became House of Lords Bill 77, returned to the House of Commons as Bill 160, before finally being passed as Act 29. Parliament recommences numbering from one at the beginning of each session. This means that two different bills may have the same number. Sessions of parliament usually last a year. They begin with the State Opening of Parliament , and end with prorogation . In
264-459: A white paper , which is a clear statement of intent. It is increasingly common for a small number of Government bills to be published in draft before they are presented in Parliament. These bills are then considered either by the relevant select committee of the House of Commons or by an ad hoc joint committee of both Houses. This provides an opportunity for the committee to express a view on
352-678: A bill has been enacted into law by the legislature, it is called an act of the legislature , or a statute . The word bill is mainly used in English-speaking nations formerly part of the British Empire whose legal systems originated in the common law of the United Kingdom , including the United States . The parts of a bill are known as clauses , until it has become an act of parliament, from which time
440-409: A consequence of information received in the course of their work) that their customers or clients (or others) have engaged in tax evasion or other criminal conduct from which a benefit has been obtained, are now required to report their suspicions to the authorities (since these entail suspicions of money laundering). In most circumstances it would be an offence, 'tipping-off', for the reporter to inform
528-492: A few, if any, are passed each year. Parliamentary authorities maintain a list of all private bills before parliament . Hybrid bills combine elements of both public and private bill. While they propose to make changes to the general law, they also contain provisions applying to specific individuals or bodies. Recent examples are the Crossrail Bill, a hybrid bill to build a railway across London from west to east , and
616-510: A general change in the law. The only difference from other public bills is that they are brought forward by a private member (a backbencher) rather than by the government. Twenty private members' bills per session are allowed to be introduced, with the sponsoring private members selected by a ballot of the whole house, and additional bills may be introduced under the Ten Minute Rule . Financial bills raise revenue and authorise how money
704-405: A maximum penalty of 5 years imprisonment and/or a fine. Part 7 applies throughout the UK. The person in a company responsible for receiving employees' reports of their suspicions and ensuring that, when appropriate, the information or other matter leading to knowledge or suspicion, or reasonable grounds for knowledge or suspicion, of money laundering is properly disclosed to the relevant authority
792-572: A minimum consultation period of twelve weeks. Consultation documents are widely circulated (see for example the Home Office consultation on extreme pornography and the Scottish Government 's consultation on food policy ). The character of the consultation is shaped by the government's determination to press forward with a particular set of proposals. A government may publish a green paper outlining various legislative options or
880-688: A new National Crime Agency for the UK in 2013. The Act is split into 12 parts. Some of these parts apply to the entire UK (such as Part 7 dealing with money laundering), although other parts apply only to one jurisdiction within the UK (so Part 2 relates to confiscation in England & Wales, Part 3 relates to confiscation in Scotland, Part 4 relates to confiscation in Northern Ireland). The first act of Parliament for England and Wales aimed at stripping criminals of illegally acquired gains
968-431: A paper clip in the UK commits a money laundering offence (possession of the stolen paper clip) in addition to the predicate offence (of theft of the paper clip). In consequence any person who commits an acquisitive crime (i.e. one from which he obtains some benefit in the form of money or an asset of any description) in the UK will inevitably also commit a money laundering offence under UK legislation. This applies also to
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#17327944952001056-485: A period of consultation will take place before a bill is drafted. Within government, the Treasury and other departments with an interest will be consulted along with the devolved administrations in Scotland, Wales and Northern Ireland. Outside government, interested parties such as trade unions , industry bodies and pressure groups will be asked for their views on any proposals. The Cabinet Office Code of Practice specifies
1144-557: A person who, by criminal conduct, evades a liability (such as a taxation liability) – referred to by lawyers as "obtaining a pecuniary advantage" – as he is deemed thereby to obtain a sum of money equal in value to the liability evaded. The principal money laundering offences carry a maximum penalty of 14 years imprisonment. One consequence of the Act is that banks, as well as professional firms such as solicitors , accountants , and insolvency practitioners, who suspect (as
1232-409: A process of consultation, the sponsoring department will send drafting instructions to parliamentary counsel, expert lawyers working for the government responsible for writing legislation. These instructions will describe what the bill should do but not the detail of how this is achieved. The Parliamentary counsel must draft the legislation clearly to minimise the possibility of legal challenge and to fit
1320-475: A sequential number and are prefixed with "Republic Act" or "R.A." for short. They are also given a secondary sequential number by the chamber they are introduced in. Aforementioned numberings restart every three years after the formation of a new Congress. In the United Kingdom, for example, the Coroners and Justice Act in 2009 started as Bill 9 in the House of Commons. Then it became Bill 72 on consideration by
1408-469: A specifically named locality or legal person in a manner different from all others. Private bills are "usually promoted by organisations, like local authorities or private companies, to give themselves powers beyond, or in conflict with, the general law. Private bills only change the law as it applies to specific individuals or organisations, rather than the general public. Groups or individuals potentially affected by these changes can petition Parliament against
1496-418: A sub-category of private acts, which confer specific rights or duties on a named individual or individuals, for example allowing two persons to marry even though they are within a "prohibited degree of consanguinity or affinity" such as stepfather and stepdaughter. Private bills, common in the 19th century, are now rare, as new planning legislation introduced in the 1960s removed the need for many of them. Only
1584-450: A value greater than a specified amount even in the absence of any suspicion that money laundering may be involved (as there is in some other countries). The reporting obligations in Part 7 include reporting suspicions relating to gains from conduct carried out abroad which would be criminal if it took place in the UK. Exceptions were later added to exempt certain activities which were legal in
1672-436: Is designed to keep the business of government and public affairs up to date. These bills may not be substantial or controversial in party political terms. Two sub-classes of the housekeeping bill are consolidation bills , which set out existing law in a clearer and more up-to-date form without changing its substance; and the tax law rewrite bills , which do the same for tax law. An Act of Parliament will often confer power on
1760-508: Is referred to in the legislation as the "nominated officer" but in practice is more commonly known as the Money laundering reporting officer (MLRO). Parts 8 to 12 of the Act make further provisions with regard to investigation of suspected offences, international co-operation, etc. Importantly it is a criminal offence to impede a money laundering investigation by the authorities by the concealing, destroying or falsifying of documents relevant to
1848-820: Is spent. The best-known such bills are the normally annual Finance Bills introduced by the Chancellor of the Exchequer in the Budget . This usually encompasses all the changes to be made to tax law for the year. Its formal description is "a Bill to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance". Consolidated Fund and Appropriation Bills authorise government spending. This type of bill
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#17327944952001936-405: Is to go into more detail on the bill and gather expert opinions on it (e.g. teachers may be present in a committee about a bill that would affect the education system) and amendments may be brought. After this is the report stage , in which the entire house reviews any and all changes made to the bill since its conception and may bring further amendments. The fifth stage is the third reading of
2024-679: Is typically promulgated by being published in an official gazette . This may be required on enactment, coming into force, or both. Legislatures may give bills numbers as they progress. Bills are not given numbers in Australia and are typically cited by their short titles . They are only given an act number upon royal assent . In Brazil, bills originating in both the Senate and the Chamber of Deputies are numbered sequentially, prefixed with "PL" ( Projeto de Lei ) and optionally suffixed with
2112-507: The 1976 Aircraft and Shipbuilding Industries Bill , which was a particularly controversial bill that was ruled to be a hybrid bill, forcing the government to withdraw some of its provisions to allow its passage as a public bill. Once passed, hybrid bills are printed as part of the public general acts. Parliamentary authorities maintain a list of all hybrid bills before parliament . It is important not to confuse private bills with private members' bills, which are public bills intended to effect
2200-582: The Crown Court . These changes apply to offences committed after the commencement of this part of the Act on 23 March 2003. Confiscation or restraint proceedings for offences committed before 23 March 2003 would be dealt with under the regimes outlined in either the Drug Trafficking Act 1994 or Criminal Justice Act 1988. For offences committed over a period of time, which is typically the case where an acquisitive fraud has been committed, then
2288-670: The Drug Trafficking Act 1994 for laundering of the proceeds of drug trafficking, and the Criminal Justice Act 1988 as amended by the Criminal Justice Act 1993 and the Proceeds of Crime Act 1995 for proceeds of other crimes. In essence prior to the implementation of the 2002 Act a prosecuting lawyer had to prove that the moneys or assets were the proceeds of crime and also what 'type' of crime
2376-462: The Dutch parliament uses wetsontwerp and wetsvoorstel interchangeably). Bills generally include titles , enacting provisions , statements of intent , definitions , substantive provisions , transitional clauses , and dates which the bill will be put into effect. The preparation of a bill may involve the production of a draft bill prior to the introduction of the bill into the legislature. In
2464-627: The Federal Constitutional Court has discretion to rule on bills. Some bills may require approval by referendum . In Ireland this is obligatory for bills to amend the constitution ; it is possible for other bills via a process that has never been used . A bill may come into force as soon as it becomes law, or it may specify a later date to come into force, or it may specify by whom and how it may be brought into force; for example, by ministerial order . Different parts of an act may come into force at different times. An act
2552-455: The House of Commons of Canada , the pro forma bill is numbered C-1, Government Bills are numbered C-2 to C-200, numbered sequentially from the start of each parliamentary session , and Private member's bills are numbered C-201 to C-1000, numbered sequentially from the start of each Parliament. The numbering system is identical in the Senate of Canada , except that bills first introduced in
2640-570: The King in Council , a minister , or another public body to create delegated legislation, usually by means of a statutory instrument . Bills may start their passage in either the House of Commons or House of Lords , although bills which are mainly or entirely financial will start in the Commons. Each bill passes through the following stages: Although not strictly part of the legislative process,
2728-530: The Oireachtas and Knesset respectively became/become law immediately (though, in Israel's case, the laws are ceremonially signed after their passage by the president). In parliamentary systems , approval of the head of state is normally a formality since the head of state is a ceremonial figurehead. The exercise of the veto is considered a reserve power and is typically only used in rare circumstances, and
Proceeds of Crime Act 2002 - Misplaced Pages Continue
2816-779: The Serious Organised Crime and Police Act 2005 , the Serious Crime Act 2007 and the Serious Crime Act 2015 . The money laundering provisions in Part 7 of the Act are supported by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. Amongst other things, the 2002 Act simplified the conviction of criminals suspected of money laundering because prior to its being enacted prosecutors had to work with two different statutory regimes:
2904-652: The United Kingdom is primary legislation passed by the UK Parliament in Westminster , London . An Act of Parliament can be enforced in all four of the UK constituent countries ( England , Scotland , Wales and Northern Ireland ). As a result of devolution the majority of acts that are passed by Parliament increasingly only apply either to England and Wales only, or England only. Generally acts only relating to constitutional and reserved matters now apply to
2992-580: The prime minister heads. Pre-legislative scrutiny is required in much of Scandinavia, occurs in Ireland at the discretion of the Oireachtas (parliament) and occurs in the UK at the government's discretion. In the Parliament of Ireland under Poynings' Law (1494–1782) legislation had to be pre-approved by the Privy Council of Ireland and Privy Council of England , so in practice each bill
3080-675: The 2002 Act became part of the Serious Organised Crime Agency in 2008. In turn, SOCA became part of the National Crime Agency for the UK in 2013. Part 2, sections 6 – 91, deals with the transfer of power to make confiscation orders from the magistrates' court and High Court to the Crown Court . Applications for restraint orders or charging orders are heard in the Crown Court. The magistrates' court must commit confiscation cases to
3168-546: The Crown Court and to many criminal practitioners having previously been exercised by the High Court. However, such orders may be challenged to considerable effect as the case of Windsor v Crown Prosecution Service demonstrates. Part 2 of the Act applies in England and Wales. Parts 3 & 4 of the Act apply similar provisions to Scotland and Northern Ireland but in a modified form to suit the different legal traditions and structures in those jurisdictions. However, although
3256-508: The Lords. They will check the following: After this process, the bill is then ready for introduction. Bill (proposed law) A bill is a proposal for a new law, or a proposal to substantially alter an existing law. A bill does not become law until it has been passed by the legislature and, in most cases, approved by the executive . Bills are introduced in the legislature and are there discussed, debated on, and voted upon. Once
3344-671: The Proceeds of Crime". It deals with a wide range of matters relevant to UK law on proceeds of crime issues. These include confiscation orders against convicted individuals (requiring payment to the State based upon the benefit obtained from their crimes), civil recovery of proceeds of crime from unconvicted individuals, taxation of profits generated from crime, UK anti-money laundering legislation, powers of investigation into suspected proceeds of crime offences, and international co-operation by UK law enforcement agencies against money laundering. The Act has been amended since 2002, most particularly by
3432-597: The Senate of Canada begin with "S" instead of "C". In the Irish Oireachtas , bills are numbered sequentially from the start of each calendar year. Bills originating in the Dáil and Seanad share a common sequence. There are separate sequences for public and private bills, the latter prefixed with "P". Although acts to amend the constitution are outside the annual sequence used for other public acts, bills to amend
3520-463: The UK. Part 7 of the Act contains the primary UK anti-money laundering legislation, including provisions requiring businesses within the 'regulated sector' (banking, investment, money transmission, certain professions, etc.) to report to the authorities suspicions of money laundering by customers or others. Money laundering is widely defined in the UK. In effect any handling or involvement with any proceeds of any crime (or monies or assets representing
3608-530: The US and much of Europe), UK money laundering offences are not limited to the proceeds of serious crimes, nor are there any monetary limits, nor is there any necessity for there to be a money laundering design or purpose to an action for it to amount to a money laundering offence. A money laundering offence under UK legislation need not involve money, since the money laundering legislation covers assets of any description. Technically therefore an individual who steals even
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3696-405: The United Kingdom, a proposed new law starts off as a bill that goes through seven stages of the legislative process: first reading, second reading, committee stage, report stage, third reading, opposite house, and royal assent. A bill is introduced by a member of Parliament (MP) in the House of Commons or by a member of the House of Lords . There will be a first reading of the bill, in which
3784-510: The United Kingdom, draft bills are frequently considered to be confidential. Pre-legislative scrutiny is a formal process carried out by a parliamentary committee on a draft bill. In the Parliament of India , the draft bill is sent to individual ministry relating to the matter. From there the bill goes to the Ministry of Law and Justice and then is passed on to the Cabinet committee which
3872-521: The United States, all bills originating in the House of Representatives are numbered sequentially and prefixed with "H.R." and all bills originating from the Senate begin with an "S.". Every two years, at the start of odd-numbered years, the Congress recommences numbering from 1, though for bills the House has an order reserving the first 20 bill numbers and the Senate has similar measures for
3960-426: The amount of the benefit. The burden falls broadly upon the prosecution to establish the defendant's benefit and upon the defendant to establish his available amount. In practice, the prosecutor will in the first instance attempt to assist the court to establish both figures. If the defendant fails to pay the sum ordered by the due date then payment may be enforced by various means and interest will commence to run on
4048-406: The amount unpaid. One of the means of enforcement is that an additional prison sentence (maximum 10 years –14 years, with effect from 1 June 2015) may be imposed for failure to pay on time. Part 2 also includes provisions relating to the making of restraint orders and the appointment of enforcement receivers. Restraint orders are draconian in nature and the jurisdiction is unfamiliar to
4136-529: The approval of the head of state such as the monarch, president, or governor to become law. The refusal of such an approval is typically known as a veto . Exceptions are the Irish Free State from the abolition of the governor-general in December 1936 to the creation of the office of president in December 1937, and Israel from its formation until today, during which period bills approved by
4224-425: The banking sector in the year ended 30 September 2010). Although 5,108 different organisations submitted suspicious activity reports to SOCA in the year ended 30 September 2010 just four organisations submitted approximately half of all reports, and the top 20 reporting organisations accounted for three-quarters of all reports. The offence of failing to report a suspicion of money laundering by another person carries
4312-586: The bill and propose amendments before it is introduced. Draft bills allow more lengthy scrutiny of potential legislation and have been seen as a response to time pressures which may result in the use of programme orders to impose a strict timetable on the passage of bills and what is known as 'drafting on the hoof', where the government introduces amendments to its own bills. With increased time for scrutiny backed up with considered evidence, draft bills may present governments with difficulty in getting their way. The sponsoring government department will then write to
4400-524: The bill in with existing UK, European Union and delegated legislation. A finished bill must be approved or scrutinised by the sponsoring department and minister, parliamentary counsel and LP. The final stage is the submission of the bill to the authorities of the House in which it is to start its legislative journey. In the Commons, this is the Clerk of Legislation and the Public Bill Office in
4488-402: The bill will again be handed to the opposite house, going through the same process, which repeats until both houses arrive at an agreement on the bill. (In the rare circumstance that the two houses cannot agree, the House of Commons has the final say since it is an elected body, whereas the House of Lords is not). Once the bill is finalised, it will move to the final stage, royal assent , when
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#17327944952004576-430: The bill, in which the full bill is read out in the house along with all amendments and is given final approval by the House. The next stage is where the bill is handed over to the opposite house for approval. (If it started in the House of Commons it will be handed to the House of Lords and vice versa.) Here the bill will go through the same process as before, with amendments able to be brought. If amendments are brought,
4664-501: The civil courts (the High Court or, in Scotland, Court of Session). It includes powers relating to the seizure, detention and forfeiture of cash sums in excess of the 'minimum amount' (currently £1,000). In this context cash is widely defined to include not only banknotes and coins of any currency but also cheques, including travellers' cheques and bank drafts. These proceedings are held in the magistrates' court or (in Scotland) before
4752-517: The constitution are within the annual sequence of public bills. In the Philippines , all bills passed into law, regardless of whether they were introduced in the House of Representatives or the Senate , are numbered sequentially beginning with the first Republic Act that became law on July 15, 1946. There have been 11,646 Republic Acts as of January 21, 2022. All laws passed by Congress, once given presidential assent, become law and are given
4840-404: The conviction of the defendant of a single offence. The defendant's available amount is typically the market value of all his assets less the amount of any liabilities which are secured upon those assets. Unsecured liabilities are not deducted in arriving at the defendant's available amount. If the court is unable to establish the defendant's available amount it must make a confiscation order in
4928-561: 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
5016-449: The date on which the order is made reduced to 6 months with effect from 1 June 2015). The Crown Court is obliged to make a confiscation order if requested to do so by the prosecutor following the conviction of the defendant of an offence from which he has obtained a benefit. The Crown Court must normally establish (i) the benefit obtained by the defendant and (ii) the defendant's available amount. The confiscation order must then be made in
5104-422: The demands of the executive, as set out in the King's Speech or speech from the throne . Mechanisms exist to allow other members of the legislature to introduce bills, but they are subject to strict timetables and usually fail unless a consensus is reached. In the US system, where the executive is formally separated from the legislature, all bills must originate from the legislature. Bills can be introduced using
5192-430: The first 10 bills. Joint resolutions also have the same effect as bills, and are titled as "H. J. Res." or "S. J. Res." depending on whether they originated in the House or Senate, respectively. This means that two different bills can have the same number. Each two-year span is called a congress , tracking the terms of Representatives elected in the nationwide biennial House of Representatives elections, and each congress
5280-410: The following procedures: Bills are generally considered through a number of readings. This refers to the historic practice of the clerical officers of the legislature reading the contents of a bill to the legislature. While the bill is no longer read, the motions on the bill still refer to this practice. In India , for a law to be made it starts off as a bill and has to go through various stages: In
5368-797: The investigation or by the making of a disclosure of information which prejudices the investigation. The offence carries a maximum punishment of 5 years imprisonment. Acts of Parliament in the United Kingdom King Charles III [REDACTED] William, Prince of Wales [REDACTED] Charles III ( King-in-Council ) [REDACTED] Starmer ministry ( L ) Keir Starmer ( L ) Angela Rayner ( L ) ( King-in-Parliament ) [REDACTED] Charles III [REDACTED] [REDACTED] [REDACTED] The Lord Reed The Lord Hodge Andrew Bailey Monetary Policy Committee An Act of Parliament in
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#17327944952005456-440: The largest category of legislation, in principle affecting the public general law applying to everyone across the entire United Kingdom, or at least to one or more of its constituent countries of England , Northern Ireland , Scotland , or Wales . Most public general acts proceed through Parliament as a public bill. Occasionally a bill is treated as hybrid . Private acts are either local or personal in their effect, applying to
5544-403: The legislature can usually override the veto by a simple majority vote. However, in most cases, the executive – a cabinet of ministers responsible to parliament – takes a veto by the head of state into account. In presidential systems , the head of state is also the chief executive, and the need to receive approval can be used as a political tool by them. The legislature is only able to override
5632-497: The location where they took place, such as bullfighting in Spain. There are more than 200,000 reports of suspected money laundering submitted annually to the authorities in the UK (there were 240,582 reports in the year ended 30 September 2010 – an increase from the 228,834 reports submitted in the previous year). Most of these reports are submitted by banks and similar financial institutions (there were 186,897 reports from
5720-409: The monarch signs or otherwise signifies approval for the bill to become law. Theoretically, the monarch could refuse assent to a bill, but no monarch has done so since Queen Anne in 1708, and the royal veto has fallen into disuse. Once the assent is granted, the law comes into effect at the date and time specified within the act; if this is not specified within the act, it comes into effect at midnight on
5808-413: The parts of the law are known as sections . In nations that have civil law systems (including France , Belgium , Luxembourg , Spain and Portugal ), a proposed law is known as a "law project" (Fr. projet de loi ) if introduced by the government, or a "law proposition" (Fr. proposition de loi ) if a private member's bill . Some legislatures do not make this terminological distinction (for example
5896-457: The proceeds came from (i.e. either drug crime or non-drug crime). The 2002 Act removed the need to make a distinction between these types as the source of the proceeds in relation to alleged money laundering in the UK commencing after 24 February 2003. The Assets Recovery Agency created by the 2002 Act became part of the Serious Organised Crime Agency in March 2008. In turn SOCA became part of
5984-454: The proceeds of crime) can be a money laundering offence. An offender's possession of the proceeds of his own crime falls within the UK definition of money laundering. The definition also covers activities which would fall within the traditional definition of money laundering as a process by which proceeds of crime are concealed or disguised so that they may be made to appear to be of legitimate origin. Unlike certain other jurisdictions (notably
6072-777: The proposed bill and present their objections to committees of MPs and Lords." They include acts to confer powers on certain local authorities, a recent example being the Canterbury City Council Bill, which makes provisions relating to street trading and consumer protection in the city. Private bills can also affect certain companies: the Northern Bank Bill allowed the statutory right of Northern Bank to issue bank notes to be transferred to Danske Bank which had acquired it. Other private bills may affect particular companies established by Act of Parliament such as TSB Bank and Transas. Personal acts are
6160-485: The proposition in the bill is read out, but there is minimal discussion and no voting. A second reading of the bill follows, in which the bill is presented in more detail and it is discussed between the MPs or Lords. The third stage is the committee stage , in which a committee is gathered. This may include MPs, Lords, professionals and experts in the field, and other people who the bill may affect. The purpose of this stage
6248-458: The recoverable amount which is the lesser of these two figures. The Act provides rules for the determination both of the benefit obtained and the defendant's available amount. In relation to benefit the court is obliged to apply the statutory assumptions set out in section 10 if the defendant has a criminal lifestyle. A defendant has a criminal lifestyle if, and only if, he meets the criteria of section 75. A criminal lifestyle may be established by
6336-443: The relevant date is the start date of the offence. Legislation has now been passed by Parliament which would allow the magistrates' court to deal with confiscation cases which have a value of up to £10,000. However, this has yet to be implemented. In essence a confiscation order is an order of the Crown Court requiring the convicted defendant to pay to the state a specified sum of money by a specified date (no later than 12 months after
6424-487: The relevant policy committee of the Cabinet. The proposals are only discussed at a meeting if disagreements arise. Even an uncontroversial proposal may face administrative hurdles. A potential change in the law may have to wait for a more extensive bill in that policy area to be brought forward before it is worthwhile devoting parliamentary time to it. The proposal will then be bundled together with more substantive measures in
6512-489: The same Bill. The Ministerial Committee on the Legislative Programme (LP), including the leaders and government chief whips in both houses, is responsible for the timetable of legislation. This committee decides which house a bill will start in, recommends to the Cabinet which proposals will be in the King's Speech , which will be published in draft and how much parliamentary time will be required. Following
6600-413: The same day it is granted royal assent. Where a piece of primary legislation is termed an act , the process of a bill becoming law may be termed enactment . Once a bill is passed by the legislature, it may automatically become law, or it may need further approval, in which case enactment may be effected by the approver's signature or proclamation . Bills passed by the legislature usually require
6688-576: The same manner as the office of chief constable or responsible minister for their respective public bodies, and would therefore be named as a party in any legal case involving the department e.g. Stoner v Director of the Assets Recovery Agency . The section makes it clear that director must pay attention to guidance given by the Secretary of State which is calculated to contribute to the reduction of crime. The Assets Recovery Agency
6776-470: The same way as tax assessments issued by HM Revenue and Customs except that it is not necessary for tax assessments made under Part 6 to specify the source of the income or gains assessed. Appeal is to the First-tier Tribunal (Tax Chamber). An appeal can also be made on the grounds that the adoption of taxation powers by SOCA was invalid in the appellant's case. Part 6 applies throughout
6864-775: The sheriff. Part 5 applies throughout the UK. Part 6 relates to taxation powers where it is suspected that profits or gains have arisen as a result of criminal activities. When the Serious Organised Crime Agency has reasonable grounds to suspect that taxable income or chargeable gains have arisen to a person in one or more tax years as a result (wholly or partly and directly or indirectly) of criminal conduct (whether conduct by that person or by another) they may adopt taxation powers in respect of that person for those tax year(s) under Part 6. Having adopted those powers they (in addition to HM Revenue and Customs ) may issue tax assessments (covering both legitimate and illegitimate income and gains). The tax assessments are subject to appeal in
6952-422: The statute law is very similar, the operation of confiscation in practice in Scotland in 'criminal lifestyle' cases – particularly in relation to the computation of the offender's 'benefit' for confiscation purposes – has been very different from that in England and Wales. Part 5 of the Act deals with the civil recovery of the proceeds of crime from unconvicted defendants through proceedings in
7040-402: The subject of his report that a report has been made. These provisions do not however require disclosure to the authorities of information received by certain professionals in privileged circumstances or where the information is subject to legal professional privilege . There is however, under UK legislation, no obligation upon banks or others to routinely report all deposits or transfers having
7128-539: The veto by means of a supermajority vote. In some jurisdictions, a bill passed by the legislature may also require approval by a constitutional court . If the court finds the bill would violate the constitution it may annul it or send it back to the legislature for correction. In Ireland, the president has discretion under Article 26 of the Constitution to refer bills to the Supreme Court . In Germany,
7216-410: The whole of the United Kingdom . A draft piece of legislation is called a bill . When this is passed by Parliament and given royal assent , it becomes an act and part of statute law . Acts of Parliament are classified as either "public general acts" or "local and personal acts" (also known as "private acts"). Bills are also classified as "public", "private", or "hybrid". Public general acts form
7304-552: The year they were proposed, separated by a slash, as in PL 1234/1988. Until 2019, each house used a different numbering and naming system, but the system was unified by a 2018 joint act by the secretaries of both houses. Before the 2019 unification, the Senate numbered bills starting at the beginning of each year, while the lower house numbered bills starting at the beginning of each legislature. This meant that bills sent from one house to another could adopt two or more different names. In
7392-478: Was given royal assent on 24 July 2002. Sections 1 – 5 of the Act provides for the establishment of the Assets Recovery Agency and for the Secretary of State to appoint its director. The section gives the director power to employ staff and delegate his function to staff to carry out his role. The office of director has legal personality representing the agency as a whole in much
7480-502: 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 Act 1995, the Proceeds of Crime (Scotland) Act 1995 and the Proceeds of Crime (Northern Ireland) Order 1996. The Proceeds of Crime Bill was introduced to the House of Commons by the Home Secretary , David Blunkett , on 18 October 2001. It
7568-539: Was provided with completely new powers by the Proceeds of Crime Act 2002. The new powers allow the Assets Recovery Agency to use the civil court procedures to recover the proceeds of unlawful conduct by way of an action in the High Court . Where there are reasonable grounds to suspect there is taxable income gain or profit the Agency also has the power to issue tax assessments. The Assets Recovery Agency created by
7656-417: Was substantively debated as "heads of a bill", then submitted to the privy councils for approval, and finally formally introduced as a bill and rejected or passed unamended. In the Westminster system , where the executive is drawn from the legislature and usually holds a majority in the lower house, most bills are introduced by the executive ( government bill ). In principle, the legislature meets to consider
7744-519: 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 £750,000 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
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