Some 80% of consent requests made to the National Criminal Information Service (NCIS) under the proceeds of crime legislation come from lawyers, a senior intelligence officer revealed in Birmingham.
Fiona Nicolson told delegates that NCIS had received 1,500 such requests in March this year alone, up from just 60 in March 2003.
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Booth: Serious Crimes Bill expected to amend POCA |
She said: 'More of the legal profession has come on board - a lot more people are making disclosures. It shows you how concerned people are.'
NCIS's average turnaround time for a decision on whether to give consent is just 1.3 days, although it can take longer if the matter has to be referred to outside law enforcement agencies. The service is planning to move to electronic reporting within the next six to 12 months, a switch that could speed the process up further.
However, Ms Nicolson warned delegates that 'consent is not an automatic right'. And - while admitting that 98% of what NCIS is sent is 'technically rubbish and at a low level' - she added that solicitors should not dismiss seemingly petty offences out of hand, with the Proceeds of Crime Act 2002 (POCA) making no distinction in terms of the gravity of the offence.
Ms Nicolson added that solicitors needed to tighten their procedures in terms of the rules on knowing their clients. 'People still do not know everything they need to know about a client,' she said.
Since July this year, NCIS has restrained £2 million worth of assets as a direct result of the reporting system.
Meanwhile, Robin Booth, partner at London-based BCL Burton Copeland and chairman of the Law Society's money laundering task force, revealed that it was anticipated that the Home Office would make amendments to POCA in the Serious Crimes Bill later this year.
Mr Booth added that the Law Society would be making suggestions as to how the legislation can be improved, including in relation to legal professional privilege.
He said: 'Where is safer to put your money [as a criminal] than in an English solicitor's client account? Solicitors and accountants are by their nature dealing with lots of transactions. Criminals are relying more and more on the integrity that lawyers give them to enter the system.
'If you help a criminal, even unwittingly, you are stuck. The criminal will be able to say, "you helped me last time", and you will be blackmailed.'
Philip Hoult and Rachel Rothwell
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