The Minister of Justice, Trade and Industry, Nigel Feetham KC MP, has published a new Code of Practice on Unexplained Wealth Orders (UWOs) and Interim Freezing Orders (IFOs) under the Proceeds of Crime Act 2015 (POCA), offering guidance to enforcement authorities, the courts and legal practitioners on the use of these investigative tools.

This follows HM Government of Gibraltar’s comprehensive review of key justice legislation announced earlier this month.

Unexplained Wealth Orders are a key component of Gibraltar’s legal framework to combat serious crime and illicit finance. They enable authorities to compel individuals or entities to explain the origin of wealth used to acquire specific assets where it appears disproportionate to their known lawful income, or where it appears that such assets have been obtained through unlawful conduct. Appropriate controls are in place to ensure that the fundamental right to protection from deprivation of property, as enshrined in Gibraltar’s Constitution, is safeguarded by the courts, who will make the ultimate determination as to the legitimacy of the original acquisition of the relevant assets.

The new Code, which comes into effect today, sets out in clear terms the statutory criteria for making UWO applications, procedural requirements, and the responsibilities of enforcement authorities. It also outlines how UWOs can be used to obtain information that may support civil recovery proceedings, strengthen ongoing investigations, or disrupt criminal conduct, including where assets may have been obtained through serious crime.

Importantly, the Code reflects that fact that Gibraltar’s has aligned its legal framework in this area with tried and tested legal standards observed in England and Wales while addressing the unique operational environment of local enforcement authorities and Gibraltar’s particular risk and context.

The Code also includes guidance on the related use of interim freezing orders, which are designed to prevent the dissipation of assets during the UWO process. These freezing measures ensure that property remains secure while the courts and enforcement authorities determine the appropriate course of action.

By clarifying certain legal tests and by providing direction on issues like legal privilege, privacy rights, and procedural fairness, the Code aims to ensure consistency in UWO and IFO applications and improve overall confidence in the regime. It is designed to be accessible not only to investigators but also to the judiciary and members of the public.

The Code will be available online at the Gibraltar laws website, as well as at the offices of the Royal Gibraltar Police, HM Customs, the Government Law Offices, and the Office of Criminal Prosecutions and Litigation.

Minister for Justice, Trade and Industry, Nigel Feetham KC MP, said: "The publication of this Code marks another step in Gibraltar’s commitment to strengthening our tools for tackling financial crime. It will assist enforcement authorities and legal practitioners alike in understanding and applying the legal requirements around Unexplained Wealth Orders under POCA. These powers must be used responsibly and lawfully, and the Code provides a practical and principled foundation for doing so.”