The Forestry Commission is the Government regulator for forestry in England, which maintains an enforcement and sanctions policy to protect England's woodlands. It has powers to investigate and issue regulatory fines; it also refers matters to the Crown Prosecution Service for prosecution and, thereafter, applications to confiscate the proceeds of crime deriving from criminal conduct, such as illegal felling and breaching Tree Preservation Orders.
The Forestry Commission has enjoyed enhanced enforcement powers since 2023 and following that trend, it looks as if its investigatory powers are set to be expanded and brought in-house. The Government has opened a consultation on whether to grant the Forestry Commission the right to exercise certain powers under the Proceeds of Crime Act 2002 ('POCA'). Forestry is a devolved matter and Natural Resources for Wales, the equivalent agency in Wales, can already exercise POCA powers.
The number of investigations conducted by the Forestry Commission has been on the rise. Recent events in the news, and environmental pressures, have pushed tree preservation to the top of the agenda.
The Forestry Commission has applied to the Home Office and National Crime Agency's Proceeds of Crime Centre to be designated as an agency whose staff can exercise the powers of an Accredited Financial Investigator ("AFI'"). AFIs are authorised to exercise a range of powers when they are investigating and seeking to recover the proceeds of crime.
The application for its staff to be able to access the powers of AFI's under POCA signals an intention to take a more proactive approach when it comes to enforcement.
If the application is successful, then the Forestry Commission's enforcement team will be able to exercise all or some of the following functions:
- The power to apply to the court for a restraint order to effectively freeze property which may become subject to a confiscation order following a conviction;
- The power to search for, seize and retain property with a view to its future realisation;
- Confiscation investigation powers including search and seizure warrants;
- The power to extend the moratorium period under Part 7 (money laundering). This allows investigators time to gather sufficient evidence to instigate criminal investigation or civil recovery proceedings in relation to the suspected money laundering; and
- Money laundering investigation powers.
The Forestry Commission would no longer have to rely on the assistance of other agencies that already have designated powers under POCA as it would be able to conduct its own in-house. This would allow it to play a more direct role in the Government's wider role of recovering the proceeds of crime; and would undoubtedly speed up and expand the Forestry Commission's investigations.
The consultation will close on 22 January 2026 and we shall keep you updated with any developments in relation to it.