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Acquiring, using or possessing criminal property

s.329Proceeds of Crime Act 2002

Acquiring, using or having possession of property that is, or represents, a benefit from criminal conduct, knowing or suspecting that it is.

Acquiring, using or possessing criminal property · Proceeds of Crime Act 2002, s.329Card 28 / 85

Points to prove

Criminal property – s.340(3): property that is, or represents (in whole or part, directly or indirectly), a person’s benefit from criminal conduct, where the alleged offender knows or suspects that. The mental element is built into this definition.
Criminal conduct – s.340(2): conduct that is an offence in any part of the UK, or would be if it happened there.
Benefit – s.340(5): a person benefits from conduct if they obtain property as a result of or in connection with it. It does not matter who carried out the conduct or who benefited (s.340(4)).
Property – s.340(9): all property wherever situated, including money, real or personal property, and things in action and other intangible property.
Suspecting – a possibility, more than fanciful, that the property is criminal property. A vague feeling of unease is not enough (R v Da Silva 2006).

s.329(2) – no offence if the person:
- made an authorised disclosure under s.338 and, if made before the act, had the appropriate consent;
- intended to make such a disclosure but had a reasonable excuse for not doing so;
- acquired, used or had possession of the property for adequate consideration;
- acted in carrying out a function relating to enforcing the Act or other law on criminal conduct or its benefit.
s.329(2A) – the person knew or believed on reasonable grounds that the conduct happened abroad and was lawful there at the time (unless of a description prescribed by order).
Inadequate consideration – s.329(3): consideration is inadequate if it is significantly less than the value of the property, or of its use or possession. Goods or services the person knows or suspects may help another commit criminal conduct do not count as consideration.

The property must already be criminal property at the time of the act. It cannot become criminal property only through the act charged (R v GH 2015).
The sister offences are concealing, disguising, converting, transferring or removing criminal property (s.327) and entering into arrangements (s.328). All three carry 14 years (s.334).
There are further exemptions for banks and regulated businesses below threshold amounts (s.329(2C) to (2G)).

Legislation: Proceeds of Crime Act 2002, s.329 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 14 years' imprisonment and/or a fine (on indictment)