- Latest available (Revised)
- Point in Time (31/10/2017)
- Original (As enacted)
Version Superseded: 31/01/2018
Point in time view as at 31/10/2017. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Criminal Finances Act 2017, Section 13.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of unlawful conduct) is amended as follows.
(2)In section 241 (meaning of “unlawful conduct”), after subsection (2) insert—
“(2A)Conduct which—
(a)occurs in a country or territory outside the United Kingdom,
(b)constitutes, or is connected with, the commission of a gross human rights abuse or violation (see section 241A), and
(c)if it occurred in a part of the United Kingdom, would be an offence triable under the criminal law of that part on indictment only or either on indictment or summarily,
is also unlawful conduct.”
(3)After that section insert—
(1)Conduct constitutes the commission of a gross human rights abuse or violation if each of the following three conditions is met.
(2)The first condition is that—
(a)the conduct constitutes the torture of a person who has sought—
(i)to expose illegal activity carried out by a public official or a person acting in an official capacity, or
(ii)to obtain, exercise, defend or promote human rights and fundamental freedoms, or
(b)the conduct otherwise involves the cruel, inhuman or degrading treatment or punishment of such a person.
(3)The second condition is that the conduct is carried out in consequence of that person having sought to do anything falling within subsection (2)(a)(i) or (ii).
(4)The third condition is that the conduct is carried out—
(a)by a public official, or a person acting in an official capacity, in the performance or purported performance of his or her official duties, or
(b)by a person not falling within paragraph (a) at the instigation or with the consent or acquiescence—
(i)of a public official, or
(ii)of a person acting in an official capacity,
who in instigating the conduct, or in consenting to or acquiescing in it, is acting in the performance or purported performance of his or her official duties.
(5)Conduct is connected with the commission of a gross human rights abuse or violation if it is conduct by a person that involves—
(a)acting as an agent for another in connection with activities relating to conduct constituting the commission of a gross human rights abuse or violation,
(b)directing, or sponsoring, such activities,
(c)profiting from such activities, or
(d)materially assisting such activities.
(6)Conduct that involves the intentional infliction of severe pain or suffering on another person is conduct that constitutes torture for the purposes of subsection (2)(a).
(7)It is immaterial whether the pain or suffering is physical or mental and whether it is caused by an act or omission.
(8)The cases in which a person materially assists activities for the purposes of subsection (5)(d) include those where the person—
(a)provides goods or services in support of the carrying out of the activities, or
(b)otherwise provides any financial or technological support in connection with their carrying out.”
(4)The amendments made by this section—
(a)apply in relation to conduct, so far as that conduct constitutes or is connected with the torture of a person (see section 241A(2)(a) of the Proceeds of Crime Act 2002 as inserted by subsection (3) above), whether the conduct occurs before or after the coming into force of this section;
(b)apply in relation to property obtained through such conduct whether the property is obtained before or after the coming into force of this section;
(c)apply in relation to conduct, so far as that conduct involves or is connected with the cruel, inhuman or degrading treatment or punishment of a person (see section 241A(2)(b) of that Act as inserted by subsection (3) above), only if the conduct occurs after the coming into force of this section.
This is subject to subsection (5).
(5)Proceedings under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 may not be brought in respect of property obtained through unlawful conduct of the kind mentioned in section 241(2A) of the Proceeds of Crime Act 2002 (as inserted by subsection (2) above) after the end of the period of 20 years from the date on which the conduct constituting the commission of the gross human rights abuse or violation concerned occurs.
(6)Proceedings under that Chapter are brought in England and Wales or Northern Ireland when—
(a)a claim form is issued,
(b)an application is made for a property freezing order under section 245A of that Act, or
(c)an application is made for an interim receiving order under section 246 of that Act,
whichever is the earliest.
(7)Proceedings under that Chapter are brought in Scotland when—
(a)the proceedings are served,
(b)an application is made for a prohibitory property order under section 255A of that Act, or
(c)an application is made for an interim administration order under section 256 of that Act,
whichever is the earliest.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: