Office of Public Sector Information
(1) For the purposes of this Part a confiscation investigation is an investigation into—
(a) whether a person has benefited from his criminal conduct, or
(b) the extent or whereabouts of his benefit from his criminal conduct.
(2) For the purposes of this Part a civil recovery investigation is an investigation into—
(a) whether property is recoverable property or associated property,
(b) who holds the property, or
(c) its extent or whereabouts.
(3) But an investigation is not a civil recovery investigation if—
(a) proceedings for a recovery order have been started in respect of the property in question,
(b) an interim receiving order applies to the property in question,
(c) an interim administration order applies to the property in question, or
(d) the property in question is detained under section 295.
(4) For the purposes of this Part a money laundering investigation is an investigation into whether a person has committed a money laundering offence.
(1) This section applies if a person knows or suspects that an appropriate officer or (in Scotland) a proper person is acting (or proposing to act) in connection with a confiscation investigation, a civil recovery investigation or a money laundering investigation which is being or is about to be conducted.
(2) The person commits an offence if—
(a) he makes a disclosure which is likely to prejudice the investigation, or
(b) he falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, documents which are relevant to the investigation.
(3) A person does not commit an offence under subsection (2)(a) if—
(a) he does not know or suspect that the disclosure is likely to prejudice the investigation,
(b) the disclosure is made in the exercise of a function under this Act or any other enactment relating to criminal conduct or benefit from criminal conduct or in compliance with a requirement imposed under or by virtue of this Act, or
(c) he is a professional legal adviser and the disclosure falls within subsection (4).
(4) A disclosure falls within this subsection if it is a disclosure—
(a) to (or to a representative of) a client of the professional legal adviser in connection with the giving by the adviser of legal advice to the client, or
(b) to any person in connection with legal proceedings or contemplated legal proceedings.
(5) But a disclosure does not fall within subsection (4) if it is made with the intention of furthering a criminal purpose.
(6) A person does not commit an offence under subsection (2)(b) if—
(a) he does not know or suspect that the documents are relevant to the investigation, or
(b) he does not intend to conceal any facts disclosed by the documents from any appropriate officer or (in Scotland) proper person carrying out the investigation.
(7) A person guilty of an offence under subsection (2) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.
(8) For the purposes of this section—
(a) “appropriate officer” must be construed in accordance with section 378;
(b) “proper person” must be construed in accordance with section 412.
(1) In this Chapter references to a judge in relation to an application must be construed in accordance with this section.
(2) In relation to an application for the purposes of a confiscation investigation or a money laundering investigation a judge is—
(a) in England and Wales, a judge entitled to exercise the jurisdiction of the Crown Court;
(b) in Northern Ireland, a Crown Court judge.
(3) In relation to an application for the purposes of a civil recovery investigation a judge is a judge of the High Court.
In this Chapter references to the court are to—
(a) the Crown Court, in relation to an order for the purposes of a confiscation investigation or a money laundering investigation;
(b) the High Court, in relation to an order for the purposes of a civil recovery investigation.
(1) A judge may, on an application made to him by an appropriate officer, make a production order if he is satisfied that each of the requirements for the making of the order is fulfilled.
(2) The application for a production order must state that—
(a) a person specified in the application is subject to a confiscation investigation or a money laundering investigation, or
(b) property specified in the application is subject to a civil recovery investigation.
(3) The application must also state that—
(a) the order is sought for the purposes of the investigation;
(b) the order is sought in relation to material, or material of a description, specified in the application;
(c) a person specified in the application appears to be in possession or control of the material.
(4) A production order is an order either—
(a) requiring the person the application for the order specifies as appearing to be in possession or control of material to produce it to an appropriate officer for him to take away, or
(b) requiring that person to give an appropriate officer access to the material,
within the period stated in the order.
(5) The period stated in a production order must be a period of seven days beginning with the day on which the order is made, unless it appears to the judge by whom the order is made that a longer or shorter period would be appropriate in the particular circumstances.
(1) These are the requirements for the making of a production order.
(2) There must be reasonable grounds for suspecting that—
(a) in the case of a confiscation investigation, the person the application for the order specifies as being subject to the investigation has benefited from his criminal conduct;
(b) in the case of a civil recovery investigation, the property the application for the order specifies as being subject to the investigation is recoverable property or associated property;
(c) in the case of a money laundering investigation, the person the application for the order specifies as being subject to the investigation has committed a money laundering offence.
(3) There must be reasonable grounds for believing that the person the application specifies as appearing to be in possession or control of the material so specified is in possession or control of it.
(4) There must be reasonable grounds for believing that the material is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the order is sought.
(5) There must be reasonable grounds for believing that it is in the public interest for the material to be produced or for access to it to be given, having regard to—
(a) the benefit likely to accrue to the investigation if the material is obtained;
(b) the circumstances under which the person the application specifies as appearing to be in possession or control of the material holds it.
(1) This section applies if a judge makes a production order requiring a person to give an appropriate officer access to material on any premises.
(2) The judge may, on an application made to him by an appropriate officer and specifying the premises, make an order to grant entry in relation to the premises.
(3) An order to grant entry is an order requiring any person who appears to an appropriate officer to be entitled to grant entry to the premises to allow him to enter the premises to obtain access to the material.
(1) A production order does not require a person to produce, or give access to, privileged material.
(2) Privileged material is any material which the person would be entitled to refuse to produce on grounds of legal professional privilege in proceedings in the High Court.
(3) A production order does not require a person to produce, or give access to, excluded material.
(4) A production order has effect in spite of any restriction on the disclosure of information (however imposed).
(5) An appropriate officer may take copies of any material which is produced, or to which access is given, in compliance with a production order.
(6) Material produced in compliance with a production order may be retained for so long as it is necessary to retain it (as opposed to copies of it) in connection with the investigation for the purposes of which the order was made.
(7) But if an appropriate officer has reasonable grounds for believing that—
(a) the material may need to be produced for the purposes of any legal proceedings, and
(b) it might otherwise be unavailable for those purposes,
it may be retained until the proceedings are concluded.
(1) This section applies if any of the material specified in an application for a production order consists of information contained in a computer.
(2) If the order is an order requiring a person to produce the material to an appropriate officer for him to take away, it has effect as an order to produce the material in a form in which it can be taken away by him and in which it is visible and legible.
(3) If the order is an order requiring a person to give an appropriate officer access to the material, it has effect as an order to give him access to the material in a form in which it is visible and legible.
(1) A production order may be made in relation to material in the possession or control of an authorised government department.
(2) An order so made may require any officer of the department (whether named in the order or not) who may for the time being be in possession or control of the material to comply with it.
(3) An order containing such a requirement must be served as if the proceedings were civil proceedings against the department.
(4) If an order contains such a requirement—
(a) the person on whom it is served must take all reasonable steps to bring it to the attention of the officer concerned;
(b) any other officer of the department who is in receipt of the order must also take all reasonable steps to bring it to the attention of the officer concerned.
(5) If the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 345(4)) the person on whom it is served must report the reasons for the failure to—
(a) a judge entitled to exercise the jurisdiction of the Crown Court or (in Northern Ireland) a Crown Court judge, in the case of an order made for the purposes of a confiscation investigation or a money laundering investigation;
(b) a High Court judge, in the case of an order made for the purposes of a civil recovery investigation.
(6) An authorised government department is a government department, or a Northern Ireland department, which is an authorised department for the purposes of the Crown Proceedings Act 1947 (c. 44).
(1) An application for a production order or an order to grant entry may be made ex parte to a judge in chambers.
(2) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to production orders and orders to grant entry.
(3) An application to discharge or vary a production order or an order to grant entry may be made to the court by—
(a) the person who applied for the order;
(b) any person affected by the order.
(4) The court—
(a) may discharge the order;
(b) may vary the order.
(5) If an accredited financial investigator, a constable or a customs officer applies for a production order or an order to grant entry, an application to discharge or vary the order need not be by the same accredited financial investigator, constable or customs officer.
(6) References to a person who applied for a production order or an order to grant entry must be construed accordingly.
(7) Production orders and orders to grant entry have effect as if they were orders of the court.
(8) Subsections (2) to (7) do not apply to orders made in England and Wales for the purposes of a civil recovery investigation.
(1) A judge may, on an application made to him by an appropriate officer, issue a search and seizure warrant if he is satisfied that either of the requirements for the issuing of the warrant is fulfilled.
(2) The application for a search and seizure warrant must state that—
(a) a person specified in the application is subject to a confiscation investigation or a money laundering investigation, or
(b) property specified in the application is subject to a civil recovery investigation.
(3) The application must also state—
(a) that the warrant is sought for the purposes of the investigation;
(b) that the warrant is sought in relation to the premises specified in the application;
(c) that the warrant is sought in relation to material specified in the application, or that there are reasonable grounds for believing that there is material falling within section 353(6), (7) or (8) on the premises.
(4) A search and seizure warrant is a warrant authorising an appropriate person—
(a) to enter and search the premises specified in the application for the warrant, and
(b) to seize and retain any material found there which is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the application is made.
(5) An appropriate person is—
(a) a constable or a customs officer, if the warrant is sought for the purposes of a confiscation investigation or a money laundering investigation;
(b) a named member of the staff of the Agency, if the warrant is sought for the purposes of a civil recovery investigation.
(6) The requirements for the issue of a search and seizure warrant are—
(a) that a production order made in relation to material has not been complied with and there are reasonable grounds for believing that the material is on the premises specified in the application for the warrant, or
(b) that section 353 is satisfied in relation to the warrant.
(1) This section is satisfied in relation to a search and seizure warrant if—
(a) subsection (2) applies, and
(b) either the first or the second set of conditions is complied with.
(2) This subsection applies if there are reasonable grounds for suspecting that—
(a) in the case of a confiscation investigation, the person specified in the application for the warrant has benefited from his criminal conduct;
(b) in the case of a civil recovery investigation, the property specified in the application for the warrant is recoverable property or associated property;
(c) in the case of a money laundering investigation, the person specified in the application for the warrant has committed a money laundering offence.
(3) The first set of conditions is that there are reasonable grounds for believing that—
(a) any material on the premises specified in the application for the warrant is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought,
(b) it is in the public interest for the material to be obtained, having regard to the benefit likely to accrue to the investigation if the material is obtained, and
(c) it would not be appropriate to make a production order for any one or more of the reasons in subsection (4).
(4) The reasons are—
(a) that it is not practicable to communicate with any person against whom the production order could be made;
(b) that it is not practicable to communicate with any person who would be required to comply with an order to grant entry to the premises;
(c) that the investigation might be seriously prejudiced unless an appropriate person is able to secure immediate access to the material.
(5) The second set of conditions is that—
(a) there are reasonable grounds for believing that there is material on the premises specified in the application for the warrant and that the material falls within subsection (6), (7) or (8),
(b) there are reasonable grounds for believing that it is in the public interest for the material to be obtained, having regard to the benefit likely to accrue to the investigation if the material is obtained, and
(c) any one or more of the requirements in subsection (9) is met.
(6) In the case of a confiscation investigation, material falls within this subsection if it cannot be identified at the time of the application but it—
(a) relates to the person specified in the application, the question whether he has benefited from his criminal conduct or any question as to the extent or whereabouts of his benefit from his criminal conduct, and
(b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.
(7) In the case of a civil recovery investigation, material falls within this subsection if it cannot be identified at the time of the application but it—
(a) relates to the property specified in the application, the question whether it is recoverable property or associated property, the question as to who holds any such property, any question as to whether the person who appears to hold any such property holds other property which is recoverable property, or any question as to the extent or whereabouts of any property mentioned in this paragraph, and
(b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.
(8) In the case of a money laundering investigation, material falls within this subsection if it cannot be identified at the time of the application but it—
(a) relates to the person specified in the application or the question whether he has committed a money laundering offence, and
(b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.
(9) The requirements are—
(a) that it is not practicable to communicate with any person entitled to grant entry to the premises;
(b) that entry to the premises will not be granted unless a warrant is produced;
(c) that the investigation might be seriously prejudiced unless an appropriate person arriving at the premises is able to secure immediate entry to them.
(10) An appropriate person is—
(a) a constable or a customs officer, if the warrant is sought for the purposes of a confiscation investigation or a money laundering investigation;
(b) a member of the staff of the Agency, if the warrant is sought for the purposes of a civil recovery investigation.
(1) A search and seizure warrant does not confer the right to seize privileged material.
(2) Privileged material is any material which a person would be entitled to refuse to produce on grounds of legal professional privilege in proceedings in the High Court.
(3) A search and seizure warrant does not confer the right to seize excluded material.
(1) This section applies to—
(a) search and seizure warrants sought for the purposes of a confiscation investigation or a money laundering investigation, and
(b) powers of seizure under them.
(2) In relation to such warrants and powers, the Secretary of State may make an order which applies the provisions to which subsections (3) and (4) apply subject to any specified modifications.
(3) This subsection applies to the following provisions of the Police and Criminal Evidence Act 1984 (c. 60)—
(a) section 15 (search warrants -safeguards);
(b) section 16 (execution of warrants);
(c) section 21 (access and copying);
(d) section 22 (retention).
(4) This subsection applies to the following provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))—
(a) Article 17 (search warrants -safeguards);
(b) Article 18 (execution of warrants);
(c) Article 23 (access and copying);
(d) Article 24 (retention).
(1) This section applies to search and seizure warrants sought for the purposes of civil recovery investigations.
(2) An application for a warrant may be made ex parte to a judge in chambers.
(3) A warrant may be issued subject to conditions.
(4) A warrant continues in force until the end of the period of one month starting with the day on which it is issued.
(5) A warrant authorises the person it names to require any information which is held in a computer and is accessible from the premises specified in the application for the warrant, and which the named person believes relates to any matter relevant to the investigation, to be produced in a form—
(a) in which it can be taken away, and
(b) in which it is visible and legible.
(6) If—
(a) the Director gives written authority for members of staff of the Agency to accompany the person a warrant names when executing it, and
(b) a warrant is issued,
the authorised members have the same powers under it as the person it names.
(7) A warrant may include provision authorising a person who is exercising powers under it to do other things which—
(a) are specified in the warrant, and
(b) need to be done in order to give effect to it.
(8) Copies may be taken of any material seized under a warrant.
(9) Material seized under a warrant may be retained for so long as it is necessary to retain it (as opposed to copies of it) in connection with the investigation for the purposes of which the warrant was issued.
(10) But if the Director has reasonable grounds for believing that—
(a) the material may need to be produced for the purposes of any legal proceedings, and
(b) it might otherwise be unavailable for those purposes,
it may be retained until the proceedings are concluded.
(1) A judge may, on an application made to him by the Director, make a disclosure order if he is satisfied that each of the requirements for the making of the order is fulfilled.
(2) No application for a disclosure order may be made in relation to a money laundering investigation.
(3) The application for a disclosure order must state that—
(a) a person specified in the application is subject to a confiscation investigation which is being carried out by the Director and the order is sought for the purposes of the investigation, or
(b) property specified in the application is subject to a civil recovery investigation and the order is sought for the purposes of the investigation.
(4) A disclosure order is an order authorising the Director to give to any person the Director considers has relevant information notice in writing requiring him to do, with respect to any matter relevant to the investigation for the purposes of which the order is sought, any or all of the following—
(a) answer questions, either at a time specified in the notice or at once, at a place so specified;
(b) provide information specified in the notice, by a time and in a manner so specified;
(c) produce documents, or documents of a description, specified in the notice, either at or by a time so specified or at once, and in a manner so specified.
(5) Relevant information is information (whether or not contained in a document) which the Director considers to be relevant to the investigation.
(6) A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced to him.
(1) These are the requirements for the making of a disclosure order.
(2) There must be reasonable grounds for suspecting that—
(a) in the case of a confiscation investigation, the person specified in the application for the order has benefited from his criminal conduct;
(b) in the case of a civil recovery investigation, the property specified in the application for the order is recoverable property or associated property.
(3) There must be reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the order is sought.
(4) There must be reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.
(1) A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed on him under a disclosure order.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to—
(a) imprisonment for a term not exceeding six months,
(b) a fine not exceeding level 5 on the standard scale, or
(c) both.
(3) A person commits an offence if, in purported compliance with a requirement imposed on him under a disclosure order, he—
(a) makes a statement which he knows to be false or misleading in a material particular, or
(b) recklessly makes a statement which is false or misleading in a material particular.
(4) A person guilty of an offence under subsection (3) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, or
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Proceeds of Crime Act 2002