CPS updates guidance on s330 POCA prosecutions - failure to disclose offence

An offence is committed under Section 330 where a person in the regulated sector, during the course of business, fails to disclose knowledge, suspicion or reasonable grounds for suspecting money laundering to the firm’s Money Laundering Reporting Officer or the National Crime Agency as soon as practicable.    

The guidance now makes it possible to prosecute an offence under this provision regardless of whether an offence of money laundering has been substantiated. Section 330 therefore creates an obligation to report suspicions of money laundering to the authorities, regardless of whether money laundering actually takes place.

This change in approach may lead to more action being taken against the enablers of crime. Prior to this guidance update, the CPS did not charge under section 330 where there was insufficient evidence to establish that money laundering was planned or undertaken.

The updated guidance states:

“It is now possible to charge an individual under section 330 even though there is insufficient evidence to establish that money laundering was planned or has taken place. Section 330 therefore creates an obligation to report suspicions of money laundering to the authorities, regardless of whether money laundering actually takes place. This means that where individuals in the regulated sector receive information giving rise to a suspicion, or provides reasonable grounds for suspecting, that another is engaged in money laundering, an offence is committed by failing to make a report under section 330, regardless of whether it subsequently transpires that the money laundering cannot be proven, or that it did not occur.”