International cooperation and mutual assistance under the Proceeds of Crime Bill 2001

Abstract

Outlines the new UK Proceeds of Crime Bill, which received the Royal Assent in July 2002. Evaluates how it enhances and even demands international cooperation, most of which text is in Part 11. Details Part 11’s provisions, notably section 429 on handling external requests and orders, section 430 on cases where external inquiries are related to investigations made abroad, and section 432 on Interpretation; plus Part 1 sections 4, 74 and 84. Looks at problematic areas in the Bill, one of which is that there are different parts and sections for different territories; also, it provides for a new body, the Criminal Assets Recovery Agency (CARA) which will not operate in Scotland, so that drug dealers might escape with their proceeds. Moves on to the international legal framework for cooperation, featuring the 1990 UN Model Treaty on Mutual Assistance in Criminal Matters.