Police Law Blog European Decisions Statutory Materials

Recovery of cash and listed assets under POCA 2002: new and revised Codes of Practice

The Secretary of State for the Home Department has recently published two Codes of Practice – one new and one revised – which provide guidance on the appropriate and proportionate use of powers under the Proceeds of Crime Act 2002 (‘POCA’) – note that the enactments on legislation.gov.uk have not, at the date of this blog post, been updated to reflect recent amendents. These Codes came into force on 16 April 2018. They were drafted in order to take account of various amendments made to POCA by the Criminal Finances Act 2017 (‘CFA’), which received Royal Assent on 27 April 2017.

Council of Europe practical guide on the use of personal data in the police sector

Practical guide on the use of personal data in the police sector. Produced by the Council of Europe Directorate General of Human Rights and Rule of Law  

The Guide was therefore prepared to highlight the most important issues that may arise in the use of personal data in the police sector and to point out the key elements to be considered in that context.


College of Policing Guidance on Misconduct Outcomes

The College of Policing has published a document, “Guidance on outcomes in police misconduct proceedings”. As stated on their website:

The introduction of the guidance will mean there is increased fairness and proportionality in cases which is important for officers and public confidence in the hearings.

As part of assessing the seriousness in cases, misconduct panels will consider, amongst other things the officer’s record, culpability for the misconduct, the harm caused, aggravating factors and mitigation.

Aggravating factors will include, for example, any misconduct against a vulnerable person, or where discrimination is evident.

While personal mitigation may also be relevant, the guidance reminds chairs that the case law confirms that the protection of the public and the interests of the profession are important.

This guidance is likely to become used in every police misconduct hearing and practitioners should become familiar with it. The relevant webpage of the College of Policing is here and the document can be downloaded here.