Barnaby Hone on changes to the seizure provisions under the Criminal Finance Act 2017
30 May 2017
The following article is one of a series authored by Barnaby Hone where he explores new regulation and how best to interpret and utilise new provisions surrounding POCA confiscation, enforcement, asset forfeiture and related topics. Following his previous article on Section 10a POCA 2002 from a defence perspective, in the following article Barnaby explores the possible impact of the Criminal Finance Act 2017. In particular, the expansion of cash seizure provisions enabling prosecuting authorities to seize mobile items such as jewellery, artwork, or precious metals and stones. Barnaby provides clarity upon precisely what kind of assets prosecuting authorities can now seize and how they can seize, even if the item is proved to only be part-recoverable and impractical to divide into recoverable and non-recoverable parts.
Barnaby has just returned from training prosecutors and judges from eight countries of the Horn of Africa in Anti-Money Laundering and Mutual Legal Assistance. Barnaby was selected as an expert to carry this training due to his expertise in International Financial Crime and POCA work.