PART IVMISCELLANEOUS AND SUPPLEMENTAL

Additional investigation powers49

1

If, on an application made by F1 a senior officer of an enforcement authority, by complaint on oath, a F2 Crown Court judge is satisfied—

a

that F2 a confiscation investigation is taking place; and

b

that the investigation could be more effectively carried out with the participation of a person who is not a police officer F3 or customs officer and who is F4 an accredited financial investigator named in the application;F5. . .

Sub‐para. (c) rep. by 2002 c. 29

he may authorise that person ( “a financial investigator”) to exercise for the purposes of the investigation the powers conferred by Schedule 2.

F31A

If, on an application made by F4F12a senior National Crime Agency officer or a senior officer of an enforcement authority by complaint on oath, a F2 Crown Court judge is satisfied—

a

that F2 a confiscation investigation is taking place; and

b

that the investigation could be more effectively carried out if F4F6 a member of staff of the Agency or a person named in the application who is a police officer or customs officer were authorised to exercise for the purposes of the investigation the powers conferred by F2 paragraph 3A of Schedule 2; F5 . . .

Sub‐para. (c) rep. by 2002 c. 29

he may authorise F4F6a member of staff of the Agency or that person to exercise, for the purposes of the investigation the powers conferred by F2 paragraph 3A of Schedule 2.

F71B

If, on an application made by F8F13a National Crime Agency officer or a relevant Director, a judge of the High Court is satisfied—

a

that a civil recovery investigation is taking place; and

b

that the investigation could be more effectively carried out if F9a member of staff of the Agency or the Director were authorised to exercise for the purposes of the investigation the powers conferred by paragraph 3A of Schedule 2,

the judge may authorise F9a member of staff of the Agency or the Director to exercise those powers for that purpose.

2

An application under F7 this Article may be made ex parte to a judge in chambers.

3

Crown Court rules may make provision as to the procedure for applications under paragraph (1) F3 or (1A)F7 and rules of court may make provision as to the procedure for applications under paragraph (1B).

Para. (4) rep. by 2002 c. 29

F15

In this Article—

  • F4“accredited financial investigator” has the meaning given by section 3(5) of the Proceeds of Crime Act 2002;

  • “confiscation investigation” has the same meaning as it has for the purposes of Part 8 of that Act by virtue of section 341(1);

  • F7“civil recovery investigation” has the same meaning as it has for the purposes of Part 8 of that Act by virtue of section 341(2) and (3);

  • Definition rep. by 2002 c. 29

  • “enforcement authority” means—

    1. a

      the Royal Ulster Constabulary; or

    2. b

      the Commissioners of Customs and Excise;

  • “police officer” has the same meaning as in Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989;

  • F10 “ relevant Director ” means the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland;

  • Definition rep. by 2002 c. 29

  • F11 “ F14senior National Crime Agency officer ” means—

    1. a

      the Director General of the F15National Crime Agency; or

    2. b

      F16any National Crime Agency officer authorised by the Director General (whether generally or specifically) for the purpose of this Article;

  • “senior officer of an enforcement authority” means—

    1. a

      a police officer of at least the rank of superintendent; or

    2. b

      a customs officer of at least such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank.