Speed read: The new Unexplained Wealth
Order framework is set to come into force. Anita Clifford focuses
on the conditions for obtaining one, and analyses the potential for
extraterritorial reach and issues surrounding the reverse
onus.
Section 362A of the Proceeds of Crime Act 2002
("POCA") will, once in force, enable an enforcement
authority to apply for an Unexplained Wealth Order
("UWO") against a person. The effect of such an order
will be to compel "a person" to explain the origins of
particular property and provide any documents specified by the
court to the enforcement authority within a set time frame. The
Explanatory Notes to the Bill introducing the provisions discuss
UWOs as applicable to "individuals", and do not refer to
corporate persons.1 However, a two-page "fact
sheet" issued by the Home Office in November 2016 states that
UWOs are available against individuals and companies.2
Whilst the Explanatory Notes are more authoritative, the
