delete The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984) (Amendment) Order 2024
This Order amends the Proceeds of Crime Act 2002 (Application of PACE 1984) Order 2015 to extend police powers under PACE 1984 (sections 15, 16, 21, and 22) to cover 'cryptoasset investigations' alongside existing 'frozen funds investigations'. It also updates chapter references in POCA 2002 to include newly added Chapters 3A to 3F. The amendments take effect 26th April 2024 and apply to England and Wales.
This Order represents regulatory expansion rather than deregulation. While ostensibly modernising powers for new technology, it extends state investigative and seizure powers without evidence of parliamentary scrutiny or cost-benefit analysis. The addition of 'cryptoasset investigation' as a trigger for expanded police powers risks chilling innovation in a legitimate technological sector. Asset forfeiture regimes under POCA have well-documented problems with due process and wrongful seizure — extending these powers to a new asset class without corresponding safeguards increases the risk of harm to innocent parties. Britons with cryptoassets or those operating in this sector would face greater state intrusion without clearer evidence that this specifically targets criminal activity rather than catching lawful businesses.