On Mar. 26, UK GVT amended law re POCA crypto investigations.
UK GVT issued Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984) (Amendment) Order 2024 (StIn 2024/426) and explanatory memorandum.
Amendments
POCA S. 355 allows Secretary of State to make an order which applies Police and Criminal Evidence Act 1984 (PACE) S. 15, 16, 21, 22 in relation to search and seizure warrants obtained in course of certain categories of investigation in POCA (UK) Pt 8.
ECCTA 2023 (UK) inserted POCA Pt 5, Ch 3C to 3F re new powers regarding forfeiture of certain cryptoassets derived from, or are intended for use in, unlawful conduct.
These largely align with existing forfeiture powers in relation to cash, certain listed items of personal property, and funds in bank or building society accounts.
The new powers are supported by a new type of investigation in Part 8 of POCA.
Order amends Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984) Order 2015 (StIn 2015/759) so PACE S. 15, 16, 21, 22 and modifications to those sections made by that Order, will apply to the new type of investigation.
Effectiveness
This Order comes into force on Apr. 26, 2024.
Oct. 2024 Seizure of Cryptoassets
On Oct. 16, 2024, UK GVT issued Proceeds of crime act 2002 (application of police and criminal evidence act 1984) (amendment no. 2) order 2024 (StIn 2024/1029).
Also issued explanatory memorandum regarding the 2024 amending order.
POCA S. 355 allows the Secretary of State to make an order which applies PACE S. 15, 16, 21, 22 with modifications, in relation to search and seizure warrants obtained in the course of certain categories of investigation in POCA (UK) Pt 8.
Order amends Proceeds of crime act 2002 (application of police and criminal evidence act 1984) order 2015 (StIn 2015/759) to correct reference to PACE S. 22 and ensure it covers retention of property for forensic examination as part of crypto investigation.
Order StIn 2024/1029 comes into force on Nov. 6, 2024.
