Abolishing the concept of ’predicate offence’

Comments on the use of the term “predicate offence”, which is American in origin but has crept into common UK and wider usage; it can be confusing. Traces the origin of the term: a predicate offence is the underlying criminal offence that gave rise to criminal proceeds which are the subject of a money laundering charge; the concept is important in the USA because prosecution for money laundering requires proof that the property involved was proceeds of “specified unlawful activity”. Argues that in the UK since the passage of the Proceeds of Crime Act 2002, the term is redundant; there was a previous distinction between laundering the proceeds of drug trafficking and of other crimes, but has now been removed, so that if the jury can be reasonably sure that the property was derived from criminal conduct and that the defendant suspected this, they can still convict without knowing what particular offence was committed. Discusses also the question of whether tax offences are predicates for money laundering.