Organised Crime
Legal powers
Most organised crime falls within the normal criminal law. But the unique threat of some types of organised crime has created the need for tailored powers.
The Proceeds of Crime Act 2002
In The Proceeds of Crime Act we took new powers to seize the profits of criminal activities and plough a proportion of them back into law enforcement:
Set up the Assets Recovery Agency, a national agency dedicated to investigating and recovering criminal assets.
Introduced a civil recovery scheme, allowing for the recovery of process of unlawful conduct in cases where a criminal prosecution cannot be brought
Took powers to tax an individual or business where income, profit or gain is suspected of being derived from crime.
A new incentive scheme for the police which will allow the police to keep a direct share of all assets recovered.
Code of Practice: Search and Detention of Cash under the Proceeds of Crime Act 2002
Section 292 of the of the Proceeds of Crime Act 2002 provides for the Secretary of State to make a code of practice in connection with the exercise by HM Revenue and Customs officers and constables of the powers conferred on them by virtue of Section 289 (Searches: recovery of cash in summary proceedings).
This Code of Practice has been updated. View updated Search and Detention Code of Practice.
Code of Practice: Investigation Powers under the Proceeds of Crime Act 2002.
Section 377 of the Proceeds of Crime Act 2002 provides for the Secretary of State to make a code of practice in connection with the exercise of the investigative powers conferred under Part 8 (Investigations) of the Act.
This Code of Practice has been updated. View updated Investigation Powers Code of Practice.
Proceeds of Crime Act 2002: Report of the Appointed Person for England, Wales & Northern Ireland 2005-06
The Proceeds of Crime Act 2002 provides powers for police and customs officers to seize and then apply for the forfeiture of cash which is or represents property obtained through unlawful conduct, or which is intended to be used in unlawful conduct. To support the power to seize cash, there is a power of search. This is a power to search private premises where a police or customs officer has lawful authority to be present, and a power to search a person. Search powers should normally only be exercised where prior judicial authority has been obtained. In all cases where judicial approval is not obtained prior to a search of either private premises or a person and cash is not seized or cash is seized but is not detained for more than 48 hours, then the police or customs officer concerned must prepare a written report and submit it to an independent person referred to in the statute as "the Appointed Person". The Appointed Person must prepare a report each year giving his opinion as to circumstances and manner in which the powers of search are being exercised in cases where he has received a report and making any recommendations he considers appropriate.
Click here to view summary and download the full report
The Serious Organised Crime and Police Act 2005
The Serious Organised Crime and Police Act allows for the establishment of the new Serious Organised Crime Agency. It also includes:
A power to compel co-operation with investigators, so that suspects and their associates will have to surrender relevant documents to investigators when they are requested
New licence conditions on convicted organised criminals post-release, such as tighter restrictions on where they travel and who they associate with
Putting Queenâ~@~Ys evidence on a statutory basis
Incentives in law such as sentence reductions to encourage criminals to inform on their associates
The Regulation of Investigatory Powers Act 2000
The Regulation of Investigatory Powers Act (RIPA) provides for the interception of user logs and e-mails of suspected criminals by the security and intelligence services:
Updates the law on the interception of communications to take account of technological change such as the Internet
Puts other intrusive investigative techniques on a statutory footing for the very first time
Provides new powers to help combat the threat posed by rising criminal use of strong encryption
Ensures that there is independent judicial oversight of the powers in the Act.
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Last update: Wednesday, June 18, 2008