Fraud and financial crime
Money laundering
Proceeds of Crime Act 2002, ss.327–329
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 14 years’ custody
Actus reus
- s.327: conceal, disguise, convert, transfer, or remove criminal property from the UK.
- s.328: enter into or become concerned in an arrangement which facilitates the acquisition, retention, use or control of criminal property by or for another.
- s.329: acquire, use, or have possession of criminal property.
- Property is criminal property only if it is or represents benefit from criminal conduct and the alleged offender knows or suspects that (POCA 2002, s.340(3)).
Mens rea
- Knowledge or suspicion that the property is criminal property (s.340(3)). s.328 also requires knowledge or suspicion that the arrangement facilitates acquisition, retention, use or control by another.
Defences
Authorised disclosure / appropriate consent (ss.327–329) · Reasonable excuse for not making an intended authorised disclosure · s.329 adequate-consideration defence · No knowledge or suspicion — property not “criminal property” in the accused’s hands
Sentencing Council
Sentencing Council guideline effective 1 October 2014. Offence range: Band B fine – 13 years’ imprisonment.
At the police station
Identify 327, 328 or 329. Bank transfers and “holding a bag for a mate” are usually suspicion and criminal-property arguments, not a morality play.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Proceeds of Crime Act 2002, ss.327–329 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Fraud Act 2006 ↗
- CPS:CPS — Money laundering offences ↗