For many years prosecutors have sought to shoe-horn all sorts of offences into the Proceeds of Crime Act 2002 (POCA 2002) so they can benefit from the lower mens rea of suspicion.
Alex Stein, a barrister at No 5 Chambers, advises that the judgment in Pace v R is another fairly strong nudge to prosecutors to stop using POCA 2002 offences where other offences more accurately fit the facts of the case.
Alex Stein was interviewed by Kate Beaumont. This article was first published on Lexis®PSL Crime on 3 March 2014. Click here for a free 24h trial of Lexis®PSL.
