The UK Government has a track record of burying its head in the sand when it becomes clear that its legislation is half-baked. Take, for example, the new contracts introduced in 2004 allowing GPs to opt out of providing 24-hour care to patients. The changes meant that many NHS trusts were forced to introduce a system which gave greater responsibility to nurses to diagnose medical conditions. The Department of Health, however, seems unconcerned that most nurses do not have the training to differentiate between a headache and meningitis and have claimed that most patients have benefited from the new system.
Against that background, it does not come as a surprise that the latest consultation paper on the consent regime under the Proceeds of Crime Act 2002 (POCA) barely scratches the surface of the problems that POCA has created. Consider a scenario in which one of your colleagues learns from an article highlighted in your firm’s know-how bulletin that one of your largest clients is at the centre of an investigation by the European Union authorities into alleged cartel activity. Much to your surprise, rather than using it as an opportunity to pitch for work from that client, your colleague considers it necessary to report the allegations in the article to the firm’s nominated officer who considers it necessary to then report to the Serious Organised Crime Agency (SOCA) as he is concerned that, if he fails to do so, he may be criminally liable under the Proceeds of Crime Act 2002.
