Proceeds of Crime Act 2002, section 2A

Contribution to the reduction of crime

Part 1 Introductory

(1)A relevant authority must exercise its functions under this Act in the way which it considers is best calculated to contribute to the reduction of crime.

(2) In this section “a relevant authority” means—

(a)[F5 the National Crime AgencyF5] ,

(b)the Director of Public Prosecutions,

(c)the Director of Public Prosecutions for Northern Ireland,

F6 (d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7...

(e)the Director of the Serious Fraud Office.

[F8 (f)Her Majesty's Revenue and Customs, or

(g)the Financial Conduct Authority.F8]

(3)In considering under subsection (1) the way which is best calculated to contribute to the reduction of crime a relevant authority must have regard to any guidance given to it by—

(a)in the case of [F9 the National Crime AgencyF9] , the Secretary of State,

(b)in the case of the Director of Public Prosecutions F10... or the Director of the Serious Fraud Office, the Attorney General, F11...

(c)in the case of the Director of Public Prosecutions for Northern Ireland, the Advocate General for Northern Ireland [F12 , and

(d)in the case of Her Majesty's Revenue and Customs or the Financial Conduct Authority, the Treasury.F12]

(4)The guidance must indicate that the reduction of crime is in general best secured by means of criminal investigations and criminal proceedings.

(5)The reference in this section to the Advocate General for Northern Ireland is to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as a reference to the Attorney General for Northern Ireland.

Cases considering section 2A 6

Sanam v National Crime Agency

[2015] EWCA Civ 1234 · 2 December 2015

The overall purpose of Parts 2 and 5 is the reduction of crime, achieved in part through forfeiture of property obtained through crime. That purpose supported the proportionality of recovery in this case (see para [60]).

Serious Organised Crime Agency v Agidi & Anor

[2011] EWHC 175 (QB) · 7 February 2011Interprets

Section 2A requires SOCA to exercise its functions in the way it considers best calculated to contribute to the reduction of crime, while recognising the general importance of criminal investigations and proceedings. It did not prevent the civil recovery claim. (see paras [125], [130], [144])

Sharma v Top Brands Ltd & Ors

[2015] EWCA Civ 1140 · 10 November 2015

The court treated the statutory purpose apparent from section 2A as reducing crime. That purpose did not determine the scope of the common-law illegality defence. (see para [48])

What each judgment says about section 2A is in the case-law panel in the full Act.

Amendments and notes

9 notes from legislation.gov.uk

Amendments

  1. F4Ss. 2A-2C inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 124; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  2. F5Words in s. 2A(2)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 109; S.I. 2013/1682, art. 3(v)
  3. F6S. 2A(2)(d) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 20(2)
  4. F7Word in s. 2A(2) omitted (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 virtue of Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 18(2)(a); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(e)
  5. F8S. 2A(2)(f)(g) 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), s. 58(5)(6), Sch. 5 para. 18(2)(b); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(e)
  6. F9Words in s. 2A(3)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 109; S.I. 2013/1682, art. 3(v)
  7. F10Words in s. 2A(3)(b) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 20(3)
  8. F11Word in s. 2A(3)(b) omitted (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 virtue of Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 18(3)(a); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(e)
  9. F12S. 2A(3)(d) and word 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), s. 58(5)(6), Sch. 5 para. 18(3)(b); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(e)