Publication - Consultation paper

Proceeds of Crime Act 2002: consultation

Published: 11 Mar 2019

We are consulting on draft code of practice on powers by proper persons to exercise a series of investigatory orders and warrants under Chapter 3 of Part 8 of the Proceeds of Crime Act 2002.

26 page PDF

386.8 kB

26 page PDF

386.8 kB

Contents
Proceeds of Crime Act 2002: consultation
Consultation requirement

26 page PDF

386.8 kB

Consultation requirement

Section 410 (1) of POCA requires the Scottish Ministers to publish and consult on a draft of any new or revised Code of Practice. Accordingly, they seek views on this revised Code which is further described below. A period of twelve weeks is available for responses. The Code will then be subject to Parliamentary approval before coming into effect.

Given that this Code builds on earlier versions, and/or reflects the provisions of similar Codes, proper persons, as defined at section 412 of POCA, will already be reasonably familiar with the procedures and safeguards set out.

Any failure to comply with a provision of the Code will not, by reason of that failure alone, give rise to any criminal or civil liability for the proper person concerned. However, the Code is admissible as evidence in any criminal or civil proceedings.


Contact

Email: alan.nicholson@gov.scot