Proceeds of Crime Act 2002, section 241A

“Gross human rights abuse or violation”

Part 5 Civil recovery of the proceeds etc. of unlawful conduct

(1)Conduct constitutes the commission of a gross human rights abuse or violation if each of the following three conditions is met.

(2)The first condition is that—

(a)the conduct constitutes the torture of a person who has sought—

(i)to expose illegal activity carried out by a public official or a person acting in an official capacity, or

(ii)to obtain, exercise, defend or promote human rights and fundamental freedoms, or

(b)the conduct otherwise involves the cruel, inhuman or degrading treatment or punishment of such a person.

(3)The second condition is that the conduct is carried out in consequence of that person having sought to do anything falling within subsection (2)(a)(i) or (ii).

(4)The third condition is that the conduct is carried out—

(a)by a public official, or a person acting in an official capacity, in the performance or purported performance of his or her official duties, or

(b)by a person not falling within paragraph (a) at the instigation or with the consent or acquiescence—

(i)of a public official, or

(ii)of a person acting in an official capacity,

who in instigating the conduct, or in consenting to or acquiescing in it, is acting in the performance or purported performance of his or her official duties.

(5)Conduct is connected with the commission of a gross human rights abuse or violation if it is conduct by a person that involves—

(a)acting as an agent for another in connection with activities relating to conduct constituting the commission of a gross human rights abuse or violation,

(b)directing, or sponsoring, such activities,

(c)profiting from such activities, or

(d)materially assisting such activities.

(6)Conduct that involves the intentional infliction of severe pain or suffering on another person is conduct that constitutes torture for the purposes of subsection (2)(a).

(7)It is immaterial whether the pain or suffering is physical or mental and whether it is caused by an act or omission.

(8)The cases in which a person materially assists activities for the purposes of subsection (5)(d) include those where the person—

(a)provides goods or services in support of the carrying out of the activities, or

(b)otherwise provides any financial or technological support in connection with their carrying out.F793]

Cases considering section 241A 3

World Uyghur Congress, R (on the application of) v Secretary of State for the Home Department & Ors

[2023] EWHC 88 (Admin) · 20 January 2023Limits

Confirms that section 241A expands unlawful conduct to specified gross human-rights abuses or violations, but does not eliminate the need to connect the particular property with unlawful conduct. (see paras [41], [72], [87])

World Uyghur Congress, R (on the application of) v National Crime Agency

[2024] EWCA Civ 715 · 27 June 2024Defines

Section 241A was identified as supplying the definition of gross human-rights abuse or violation for the exception in section 241(2A) (see paras [41]-[42]).

Szepietowski v Assets Recovery Agency

[2006] EWHC 3228 (Admin) · 28 November 2006

Confirms the property-directed nature of civil recovery proceedings. The court used the general enabling provision to distinguish a claim against property from proceedings based on personal liability (see para [27]).

What each judgment says about section 241A is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F793S. 241A inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 13(3), 58(1)(6) (with s. 13(4)); S.I. 2018/78, reg. 3(c); S.I. 2021/724, reg. 2(1)(d)