ENGLAND & WALES Law and Practice Contributed by: John Kaye and Piers Desser, Carson Kaye
For civil recovery actions, including those under the POCA, limitation periods are governed by the Limi - tation Act 1980. Claims based on unlawful conduct typically have a six-year limitation period, but this may be extended where the wrongdoing has been delib - erately concealed. In such cases, time runs from the date of discovery (or when it could reasonably have been discovered). Special considerations apply to continuing offences, where time may run from the last act in the course of conduct and to transnational conduct, where juris - dictional and evidential issues can affect when pro - ceedings are brought, though not usually the limitation period itself. 1.5 Extraterritorial Reach and Cross-Border Co-Operation Financial crime legislation in England and Wales has significant extraterritorial reach, particularly where conduct has a sufficient connection to the UK or its financial system. Many key statutes are drafted to capture conduct outside the jurisdiction if it produces effects within it, or if part of the offending conduct occurs in the UK. For example, under the Bribery Act 2010, UK juris - diction applies to offences committed abroad where the offender has a “close connection” with the UK (including UK citizens, residents and companies incor - porated in the UK). In addition, the corporate offence of failure to prevent bribery can apply to multinational companies carrying on business in the UK, even where the bribery occurs overseas. Similarly, money launder - ing offences under the POCA may apply where the “criminal property” has a UK nexus, including through dealings in UK financial institutions. Sanctions offences also routinely have extraterritorial effect through broad prohibitions on UK persons and UK-linked conduct. International co-operation is central to enforcement. The UK relies heavily on Mutual Legal Assistance (MLA) treaties and letters rogatory to obtain evidence from foreign jurisdictions. The Home Office Central Authority co-ordinates MLA requests, while agencies
such as the SFO and National Crime Agency (NCA) frequently engage directly with overseas counterparts. Information-sharing is facilitated through bodies such as Europol, Interpol, and financial intelligence units via the Egmont Group, enabling rapid exchange of suspi - cious activity reports and intelligence. Extradition is governed by the Extradition Act 2003, under which the UK maintains treaty arrangements with many jurisdictions, including EU mechanisms (now more limited post-Brexit) and bilateral treaties with key partners such as the United States. Extradi - tion is commonly used in large-scale fraud, corruption and cyber-enabled financial crime cases, subject to dual criminality and human rights safeguards. 1.6 Extradition and Prohibited Destinations Extradition in England and Wales is governed primarily by the Extradition Act 2003, which implements both multilateral and bilateral arrangements. Financial crime suspects are generally extraditable offences provided they meet the dual criminality requirement (the conduct is criminal in both jurisdictions) and sat - isfy applicable minimum severity thresholds. The process begins with an extradition request from a requesting state, which may be executed via an arrest warrant certified by the NCA. Following arrest, the individual appears before Westminster Magistrates’ Court, which determines whether the statutory tests are met, including: • whether the offence is extraditable; • whether there is sufficient evidence (for certain non-”category 1” territories); and • whether extradition is barred. The UK does permit extradition of its own nationals, provided the legal criteria are satisfied. Key statutory bars include: • double jeopardy (person already tried for the same conduct); • extraneous considerations (eg, political motivation); • passage of time making extradition unjust or oppressive;
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