Question to the Home Office:

To ask the Secretary of State for the Home Department, if she will communicate guidance to the Director-General of the National Crime Agency on the use of the powers under section 241A of the Proceeds of Crime Act 2002, as amended by Criminal Finances Act 2017.

Section 13 of the Criminal Finances Act allows for civil recovery to be undertaken in cases in relation to property connected with gross human rights abuse or violations. It expands the definition of 'unlawful conduct' within Part 5 of the Proceeds of Crime Act (POCA) to include conduct by a public official that constitutes gross human rights abuse or violations (defined as torture or inhuman, cruel or degrading treatment) of a person on the grounds that they have been obtaining, exercising, defending or promoting human rights, or have sought to expose gross human rights abuse conducted by a public official.

This new power also covers conduct occurring anywhere in the world, provided that it would constitute a sufficiently serious offence if it had occurred in the UK (i.e. that it would have been triable by indictment).

There are a number of dependencies which must be implemented before the Act, including section 13, can be commenced. Work is underway, to ensure the necessary court rules, secondary legislation, training, guidance, and human resources are in place for commencement of the Act by Summer 2018. This includes the guidance for prosecutors and investigators issued under Section 2A of POCA.