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proceeds of crime act
Can an item purchased before 2002 be seized under the proceeds of crime act, the act came into force in 2002.
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Under the provisions of the Proceeds of Crime Act 2002, Sections 6 - 91 deal with the transfer of power to make confiscation orders from the Magistrates Court and High Court to the Crown Court. Applications for Restraint Orders or Charging Orders are heard in the Crown Court. The Magistrates Court must commit confiscation cases to the Crown Court. These changes apply to offences committed after the commencement of the act on 23 March 2003. Confiscation or restraint proceedings for offences committed before 23 March 2003 would be dealt with under the regimes outlined in either the Drug Trafficking Act 1994 or Criminal Justice Act 1988. For offences committed over a period of time, which is typically the case where an acquisitive fraud has been committed, then the relevant date is the start date of the offence.
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