International Criminal Law
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convicted defendants proceeds from drug-trafficking activities. When assessing the
amount to be paid, the court can assume that assets accrued by the defendant in the
six years prior to the commencement of proceedings were derived from criminal
conduct. Arguments that this statutory assumption infringes the European
Convention on Human Rights have so far been unsuccessful.
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Although the
confiscation regime was initially limited to drug-trafficking cases, it has subsequently
been extended to cover other offences. The 1986 Act has now been replaced by the
Drug Trafficking Act 1994. Further anti-money laundering provisions appeared in a
range of legislation, including the Criminal Justice Act 1993, which took account of
the Council Directive 91/308/EEC. Subsequently, with a view to increasing the
efficiency of the confiscation procedure, the Prime Minister requested an assessment
of the recovery of illegally obtained assets regime. The report prepared by the
Performance and Innovation Unit (PIU) in the Cabinet Office was published in 2000
and recommended the consolidation of existing legislation dealing with confiscation
and money laundering. In 2001, the Proceeds of Crime Bill was introduced which
incorporated many of the recommendations from the PIU report.
The Proceeds of Crime Act 2002, which came into force in February 2003,
consolidates the existing confiscation provisions relating to drug-trafficking and other
criminal offences and creates new powers of civil forfeiture without conviction. In
addition to creating three specific money laundering offences, this legislation removes
the distinction between laundering money from drug-trafficking and laundering
the proceeds of other forms of criminal activity. This legislation also provides
prosecuting authorities with a range of measures, including new powers of
investigation, restraint orders and confiscation orders, which will make the recovery
of unlawfully held assets more effective; it also includes provisions on international
co-operation and mutual legal assistance. The three principal money laundering
offences, which apply to the laundering of the offender’s own proceeds of crime as
well as the proceeds of other people’s criminal activity,
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criminalise concealing,
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arranging,
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acquiring, using or possessing
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criminal property. These offences all
carry a maximum penalty of 14 years’ imprisonment. The offence of concealing is
committed when a person conceals, disguises, converts, transfers or removes from
the jurisdiction criminal property. Similarly, it is an offence for someone to be
concerned in arrangements which they know or suspect would make it easier for
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