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Proceeds of Crime Act (POCA)

  • Why should anyone benefit from crime?
  • Do you suspect that someone you know may be profiting from crime?
  • How can you make a difference?
  • Taking the profit out of crime takes away the motive to commit crime!

About the Act

The Proceeds of Crime Act [POCA] allows police to pursue criminals through the courts to confiscate their ill-gotten gains.

It means that anyone who profits from crime runs the risk of losing the financial and lifestyle gains that they have enjoyed up until now. And those that have been stripped of their assets, face a future of further confiscations should they ever return to crime.

The act is one of the most important pieces of legislation that the police have been given for a long time.

Confiscation

The Proceeds of Crime Act provides effective powers to confiscate the financial benefit that a person has obtained through criminal conduct. This is done by assessing the benefit that a person has derived from criminality and then taking into consideration the value of all realisable assets held. All monies confiscated under this legislation are shared between the Government, the Courts Service, the Crown Prosecution Service and the police. The Government receives 50% of all monies confiscated whilst the Courts Service benefits by 12.5%. The Crown Prosecution Service and the police both receive a payback of 18.75%.

Forfeiture

The Proceeds of Crime Act also provides a specific power to deal with cash to the value of £1,000 or more that has been obtained through unlawful conduct or that is intended by any person for use in unlawful conduct. Cash seized under these provisions can be forfeited using civil powers afforded by POCA. All cash that is forfeited in this manner is equally divided between the Government and the police.

Benefits of POCA

  • It removes criminal assets from our county that could be used to generate more crime
  • Crime is likely to fall as criminals stripped of their assets risk future confiscations if they return to their old ways 
  • Stifles criminal activity and sends a clear message to everyone including criminals that crime does not pay
  • It reduces the iconic status of criminals and crime
  • Cash that is seized is split between Derbyshire Constabulary and the Government 50-50.

How you can help

If you know somebody who is benefiting from crime, you can:

  • Call Derbyshire Constabulary on 101.
  • Call Crimestoppers anonymously on 0800 555 111.

 

 

Do you need a quick answer to a general question? Then we recommend you visit the national Ask The Police web site.