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Proceeds of Crime Act 2002 – Appointed Person Reports

Statement made on 22 July 2021

Statement UIN HLWS246

Statement

My rt hon Friend the Secretary of State for the Home Department (Priti Patel) has today made the following Written Ministerial Statement:

The Proceeds of Crime Act 2002 (POCA) Appointed Person reports covering England and Wales for the period 2017/18 to 2020/21, are today being laid before Parliament.

The Appointed Person is independent of Government and scrutinises the circumstances and manner in which search and seizure powers conferred by the Act are exercised in instances where prior approval is not gained from a justice of the peace and either no seizures are made or any cash or property seized is not detained for more than 48 hours.

I am pleased that we are now able to publish Mr McCourt’s reports covering the period from 2017/18 to 2020/21.

The House will note that there has been a delay in publishing the Appointed Person reports since the 2016/17 report, when the previous office holder’s tenure ended. Greg McCourt was subsequently appointed to the role for each of the three jurisdictions (England and Wales, Scotland, and Northern Ireland) with effect from 1 August 2019. Despite the pressures and challenges of COVID, since his appointment he has been working across the jurisdictions and with POCA stakeholders to receive and assess reports on the use of the relevant powers of search and seizure.

Importantly, Mr McCourt, is satisfied with the operation of the powers in the period. There is nothing to suggest that the procedures are not being followed in accordance with the Act. While the figures for 2019/20 and 2020/21 show a small increase in the number of reported cases, it reflects more regular use of the powers in a broader range of live police operations, supporting the recovery of the proceeds of crime whenever they are encountered.

Mr McCourt has made two recommendations. Firstly, that a template should be developed to standardise the information that law enforcement officers provide and, secondly, that law enforcement agencies be regularly reminded of their reporting requirements under the Act. I support Mr McCourt’s recommendations and my officials will work with him and our stakeholders to implement them both.

These powers are a valuable tool in the fight against crime. As the reports show, these powers have been used appropriately to combat crime. We will continue to monitor the way that the powers have been used closely.

Copies of the reports will be available in the Vote Office.

Statement from

Home Office

Linked statements

This statement has also been made in the House of Commons

Home Office
Proceeds of Crime Act 2002 – Appointed Person Reports
Priti Patel
The Secretary of State for the Home Department
Conservative, Witham
Statement made 22 July 2021
HCWS249
Commons