Proceeds of Crime Act 2002: consultation

Consultation requirement

Section 410 (1) of POCA requires the Scottish Ministers to publish and consult on a draft of any new or revised Code of Practice. Accordingly, they seek views on this revised Code which is further described below. A period of twelve weeks is available for responses. The Code will then be subject to Parliamentary approval before coming into effect.

Given that this Code builds on earlier versions, and/or reflects the provisions of similar Codes, proper persons, as defined at section 412 of POCA, will already be reasonably familiar with the procedures and safeguards set out.

Any failure to comply with a provision of the Code will not, by reason of that failure alone, give rise to any criminal or civil liability for the proper person concerned. However, the Code is admissible as evidence in any criminal or civil proceedings.