Proceeds of Crime Act 2002

Part 8U.K.Investigations

Chapter 1U.K.Introduction

341 InvestigationsU.K.

(1)For the purposes of this Part a confiscation investigation is an investigation into—

(a)whether a person has benefited from his criminal conduct, F1...

(b)the extent or whereabouts of his benefit from his criminal conduct [F2, or

(c)[F3the available amount in respect of the person or] the extent or whereabouts of realisable property available for satisfying a confiscation order made in respect of him.]

(2)[F4For the purposes of this Part a civil recovery investigation is an investigation for the purpose of identifying recoverable property or associated property and includes investigation into—

(a)whether property is or has been recoverable property or associated property,

(b)who holds or has held property,

(c)what property a person holds or has held, or

(d)the nature, extent or whereabouts of property.]

(3)[F4But an investigation is not a civil recovery investigation to the extent that it relates to—

(a)property in respect of which proceedings for a recovery order have been started,

(b)property to which an interim receiving order applies,

(c)property to which an interim administration order applies, F5...

(d)property detained under section 295 [F6, 303K or 303L].] [F7, or

(e)property held in an account in relation to which an account freezing order made under section 303Z3 has effect.]

[F8(3A)For the purposes of this Part a detained cash investigation is [F9 an investigation for the purposes of Chapter 3 of Part 5 into]—

(a)F10... the derivation of cash detained under [F11that Chapter] or a part of such cash, or

(b)F10... whether cash detained under [F12that Chapter], or a part of such cash, is intended by any person to be used in unlawful conduct.]

[F13(3B)For the purposes of this Part a detained property investigation is an investigation for the purposes of Chapter 3A of Part 5 into—

(a)the derivation of property detained under that Chapter, or a part of such property, or

(b)whether property detained under that Chapter, or a part of such property, is intended by any person to be used in unlawful conduct.

(3C)For the purposes of this Part a frozen funds investigation is an investigation for the purposes of Chapter 3B of Part 5 into—

(a)the derivation of money held in an account in relation to which an account freezing order made under section 303Z3 has effect (a “frozen account”) or of a part of such money, or

(b)whether money held in a frozen account, or a part of such money, is intended by any person to be used in unlawful conduct.]

[F14(3D)For the purposes of this Part a cryptoasset investigation is an investigation for the purposes of Chapter 3C, 3D, 3E or 3F of Part 5 and includes investigation into—

(a)the derivation of cryptoassets detained under Chapter 3C (including where the cryptoassets have been converted into money in accordance with Chapter 3F),

(b)whether cryptoassets or converted cryptoassets detained under Chapter 3C or 3F are intended by any person to be used in unlawful conduct,

(c)the derivation of cryptoassets held in a crypto wallet in relation to which a crypto wallet freezing order made under section 303Z37 has effect (including where the cryptoassets have been converted into money in accordance with Chapter 3F), or

(d)whether cryptoassets held in such a wallet are intended by any person to be used in unlawful conduct.]

(4)For the purposes of this Part a money laundering investigation is an investigation into whether a person has committed a money laundering offence.

[F15(5)For the purposes of this Part an exploitation proceeds investigation is an investigation for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) into—

(a)whether a person is a qualifying offender,

(b)whether a person has obtained exploitation proceeds from a relevant offence,

(c)the value of any benefits derived by a person from a relevant offence, or

(d)the available amount in respect of a person.

Paragraphs (a) to (d) are to be construed in accordance with that Part of that Act.]

[F16341AOrders and warrants sought for civil recovery investigationsU.K.

Where an application under this Part for an order or warrant specifies property that is subject to a civil recovery investigation, references in this Part to the investigation for the purposes of which the order or warrant is sought include investigation into—

(a)whether a person who appears to hold or to have held the specified property holds or has held other property,

(b)whether the other property is or has been recoverable property or associated property, and

(c)the nature, extent or whereabouts of the other property.]

342 Offences of prejudicing investigationU.K.

(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 [F17, a detained cash investigation] [F18, a detained property investigation, a frozen funds investigation] [F19, a cryptoasset investigation] [F20, an exploitation proceeds 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

[F21(ba)the disclosure is of a matter within section 333A(2) or (3)(a) (money laundering: tipping off) and the information on which the disclosure is based came to the person in the course of a business in the regulated sector,]

[F22(bb)the disclosure is made in the exercise of a function under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) or in compliance with a requirement imposed under or by virtue of that Act,]

(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.

[F23(c)Schedule 9 has effect for determining what is a business in the regulated sector.]

Chapter 2E+W+N.I.England and Wales and Northern Ireland

Judges and courtsE+W+N.I.

343 JudgesE+W+N.I.

(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 [F24, a money laundering investigation [F25, a detained cash investigation, a detained property investigation [F26or a frozen funds investigation] [F26, a frozen funds investigation or a cryptoasset 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 [F27or an exploitation proceeds investigation] F28... a judge is a judge of the High Court.

344 CourtsE+W+N.I.

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 [F29, a money laundering investigation [F30, a detained cash investigation, a detained property investigation [F31or a frozen funds investigation] [F31, a frozen funds investigation or a cryptoasset investigation]]];

(b)the High Court, in relation to an order for the purposes of a civil recovery investigation [F32or an exploitation proceeds investigation ] F33...

Production ordersE+W+N.I.

345 Production ordersE+W+N.I.

(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 [F34, a civil recovery investigation] [F35, an exploitation proceeds investigation ] or a money laundering investigation, or

(b)property specified in the application is subject to a civil recovery investigation [F36, a detained cash investigation, a detained property investigation [F37or a frozen funds investigation] [F37, a frozen funds investigation or a cryptoasset 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.

346 Requirements for making of production orderE+W+N.I.

(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;

[F38(b)in the case of a civil recovery investigation—

(i)the person the application for the order specifies as being subject to the investigation holds recoverable property or associated property,

(ii)that person has, at any time, held property that was recoverable property or associated property at the time, or

(iii)the property the application for the order specifies as being subject to the investigation is recoverable property or associated property;]

[F39(ba)in the case of a detained cash investigation into the derivation of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property;

(bb)in the case of a detained cash investigation into the intended use of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct;]

[F40(bc)in the case of a detained property investigation into the derivation of property, the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property;

(bd)in the case of a detained property investigation into the intended use of property, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct;

(be)in the case of a frozen funds investigation into the derivation of money held in an account in relation to which an account freezing order made under section 303Z3 has effect (a “frozen account”), the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property;

(bf)in the case of a frozen funds investigation into the intended use of money held in a frozen account, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct;]

[F41(bg)in the case of a cryptoasset investigation into the derivation of cryptoassets, the cryptoassets the application for the order specifies as being subject to the investigation (or, if the cryptoassets have been converted into money in accordance with Chapter 3F of Part 5, the converted cryptoassets) are recoverable property;

(bh)in the case of a cryptoasset investigation into the intended use of cryptoassets, the cryptoassets the application for the order specifies as being subject to the investigation (or, if the cryptoassets have been converted into money in accordance with Chapter 3F of Part 5, the converted cryptoassets) are intended by any person to be used in unlawful conduct.]

(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.

[F42(d)in the case of an exploitation proceeds investigation, the person the application for the order specifies as being subject to the investigation is within subsection (2A).]

[F43(2A)A person is within this subsection if, for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc), exploitation proceeds have been obtained by the person from a relevant offence by reason of any benefit derived by the person.

This subsection is to be construed in accordance with that Part.]

(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.

347 Order to grant entryE+W+N.I.

(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.

348 Further provisionsE+W+N.I.

(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.

349 Computer informationE+W+N.I.

(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.

350 Government departmentsE+W+N.I.

(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 [F44, a money laundering investigation [F45, a detained cash investigation, a detained property investigation [F46or a frozen funds investigation] [F46, a frozen funds investigation or a cryptoasset investigation]]] ;

(b)a High Court judge, in the case of an order made for the purposes of a civil recovery investigation [F47or an exploitation proceeds investigation] F48...

(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).

351 SupplementaryE+W+N.I.

(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.

[F49(5)An application to discharge or vary a production order or an order to grant entry need not be made by the same appropriate officer that applied for the order (but must be made by an appropriate officer of the same description).

(5A)If the application for the order was, by virtue of an order under section 453, made by an accredited financial investigator of a particular description, the reference in subsection (5) to an appropriate officer of the same description is to another accredited financial investigator of that description.]

(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 [F50or an exploitation proceeds investigation] F51....

Search and seizure warrantsE+W+N.I.

352 Search and seizure warrantsE+W+N.I.

(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 [F52, a civil recovery investigation] [F53, an exploitation proceeds investigation] or a money laundering investigation, or

(b)property specified in the application is subject to a civil recovery investigation [F54, a detained cash investigation, a detained property investigation [F55or a frozen funds investigation] [F55, a frozen funds investigation or a cryptoasset 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) [F56, (7A), (7B)] 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—

F57(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)[F58a Financial Conduct Authority officer,] a [F59[F60National Crime Agency officer [F61, an officer of Revenue and Customs] or a member] of the staff of the relevant Director], if the warrant is sought for the purposes of a civil recovery investigation.

[F62(c)a constable [F63an SFO officer,] [F64, an accredited financial investigator] or an officer of Revenue and Customs [F65or an immigration officer], if the warrant is sought for the purposes of a detained cash investigation [F66, a confiscation investigation or a money laundering investigation].]

[F67(ca)a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained property investigation;

(cb)a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a frozen funds investigation;]

[F68(d)a [F69National Crime Agency officer], if the warrant is sought for the purposes of an exploitation proceeds investigation.]

[F70(5A)In this Part “relevant Director”—

(a)in relation to England and Wales, means the Director of Public Prosecutions F71... or the Director of the Serious Fraud Office; and

(b)in relation to Northern Ireland, means the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland.]

(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.

[F72(7)The reference in [F73paragraph F74... (c)] [F73paragraphs (c), (ca) and (cb)] of subsection (5) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State [F75or the Welsh Ministers] under section 453.]

[F76(8)Criminal Procedure Rules may make provision about proceedings under this section on an application to a judge entitled to exercise the jurisdiction of the Crown Court in England and Wales.]

353 Requirements where production order not availableE+W+N.I.

(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;

[F77(b)in the case of a civil recovery investigation—

(i)the person specified in the application for the warrant holds recoverable property or associated property,

(ii)that person has, at any time, held property that was recoverable property or associated property at the time, or

(iii)the property specified in the application for the warrant is recoverable property or associated property;]

[F78(ba)in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, or a part of it, is recoverable property;

(bb)in the case of a detained cash investigation into the intended use of cash, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;]

[F79(bc)in the case of a detained property investigation into the derivation of property, the property specified in the application for the warrant, or a part of it, is recoverable property;

(bd)in the case of a detained property investigation into the intended use of property, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;

(be)in the case of a frozen funds investigation into the derivation of money held in an account in relation to which an account freezing order made under section 303Z3 has effect (a “frozen account”), the property specified in the application for the warrant, or a part of it, is recoverable property;

(bf)in the case of a frozen funds investigation into the intended use of money held in a frozen account, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;]

[F80(bg)in the case of a cryptoasset investigation into the derivation of cryptoassets, the cryptoassets specfied in the application for the warrant (or, if the cryptoassets have been converted into money in accordance with Chapter 3F of Part 5, the converted cryptoassets) are recoverable property;

(bh)in the case of a cryptoasset investigation into the intended use of cryptoassets, the cryptoassets specified in the application for the warrant (or, if the cryptoassets have been converted into money in accordance with Chapter 3F of Part 5, the converted cryptoassets) are intended by any person to be used in unlawful conduct.]

(c)in the case of a money laundering investigation, the person specified in the application for the warrant has committed a money laundering offence.

[F81(d)in the case of an exploitation proceeds investigation, the person specified in the application for the warrant is within section 346(2A).]

(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) [F82, (7A), (7B)] [F83, (7C), (7D), (7E), (7F)] [F84, (8) or (8A)],

(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 [F85or of realisable property available for satisfying a confiscation order made in respect of him] 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—

[F86(a)relates to the person or property specified in the application or to any of the questions listed in subsection (7ZA), 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.

[F87(7ZA)Those questions are—

(a)where a person is specified in the application, any question as to—

(i)what property the person holds or has held,

(ii)whether the property is or has been recoverable property or associated property, or

(iii)the nature, extent or whereabouts of the property, and

(b)where property is specified in the application, any question as to—

(i)whether the property is or has been recoverable property or associated property,

(ii)who holds it or has held it,

(iii)whether a person who appears to hold or to have held it holds or has held other property,

(iv)whether the other property is or has been recoverable property or associated property, or

(v)the nature, extent or whereabouts of the specified property or the other property.]

[F88(7A)In the case of a detained cash investigation into the derivation of cash, 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 the property, or a part of it, is recoverable property or any other question as to its derivation, 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.

(7B)In the case of a detained cash investigation into the intended use of cash, 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 or the question whether the property, or a part of it, is intended by any person to be used in unlawful 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.]

[F89(7C)In the case of a detained property investigation into the derivation of property, 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 the property, or a part of it, is recoverable property or any other question as to its derivation, 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.

(7D)In the case of a detained property investigation into the intended use of property, 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 or the question whether the property, or a part of it, is intended by any person to be used in unlawful 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.

(7E)In the case of a frozen funds investigation into the derivation of money held in a frozen account, 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 the property, or a part of it, is recoverable property or any other question as to its derivation, 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.

(7F)In the case of a frozen funds investigation into the intended use of money held in a frozen account, 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 or the question whether the property, or a part of it, is intended by any person to be used in unlawful 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.]

(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.

[F90(8A)In the case of an exploitation proceeds 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 exploitation proceeds have been obtained from a relevant offence in relation to that person, any question as to the extent or whereabouts of any benefit as a result of which exploitation proceeds are obtained or any question about the person's available amount, 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.

This subsection is to be construed in accordance with Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc).]

(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—

F91(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)[F92a Financial Conduct Authority officer,] a [F93National Crime Agency officer [F94, an officer of Revenue and Customs] or a member] [F95of the staff of the relevant Director], if the warrant is sought for the purposes of a civil recovery investigation.

[F96(c)a constable, [F97an SFO officer,] [F98 an accredited financial] [F99investigator,] an officer of Revenue and Customs [F100or an immigration officer], if the warrant is sought for the purposes of a detained cash investigation [F101, a confiscation investigation or a money laundering investigation].]

[F102(ca)a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained property investigation;

(cb)a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a frozen funds investigation;]

[F103(d)a [F104National Crime Agency officer], if the warrant is sought for the purposes of an exploitation proceeds investigation.]

[F105(11)The reference in [F106paragraphs (c), (ca) and (cb)] of subsection (10) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State [F107or the Welsh Ministers] under section 453.]

354 Further provisions: generalE+W+N.I.

(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.

355 Further provisions: confiscation [F108, money laundering, detained cash, detained property [F109and frozen funds] [F109, frozen funds and cryptoasset] investigations] E+W+N.I.

(1)This section applies to—

(a)search and seizure warrants sought for the purposes of a confiscation investigation [F110, a money laundering investigation [F111, a detained cash investigation, a detained property investigation [F112or a frozen funds investigation] [F112, a frozen funds investigation or a cryptoasset 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 [F113, in relation to England and Wales,] the provisions to which [F114subsection (3) applies] 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).

[F115(3A)In relation to such warrants and powers, the Department of Justice in Northern Ireland may make an order which applies, in relation to Northern Ireland, the provisions to which subsection (4) applies subject to any specified modifications.]

(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).

356 Further provisions: civil recovery F116... [F117and exploitation proceeds investigations]E+W+N.I.

(1)This section applies to search and seizure warrants sought for the purposes of civil recovery investigations [F118or exploitation proceeds investigations ] F119....

(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.

F120(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F121if 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.

F122(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F123(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F124356ACertain offences in relation to execution of search and seizure warrantsE+W+N.I.

(1)A person commits an offence if the person assaults an appropriate person who is acting in the exercise of a power conferred by a search and seizure warrant issued under section 352.

(2)A person commits an offence if the person resists or wilfully obstructs an appropriate person who is acting in the exercise of a power conferred by a search and seizure warrant issued under section 352.

(3)A person guilty of an offence under subsection (1) is liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine, or to both;

(b)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.

(4)A person guilty of an offence under subsection (2) is liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 3 on the standard scale, or to both;

(b)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both.

(5)An appropriate person is—

(a)a National Crime Agency officer, a Financial Conduct Authority officer or a member of the staff of the relevant Director, if the warrant was issued for the purposes of a civil recovery investigation;

(b)a National Crime Agency officer, if the warrant was issued for the purposes of an exploitation proceeds investigation.

(6)In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales)—

(a)the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months;

(b)the reference in subsection (4)(a) to 51 weeks is to be read as a reference to 1 month.]

Disclosure ordersE+W+N.I.

357 Disclosure ordersE+W+N.I.

(1)A judge may, on an application made to him by [F125the relevant authority], 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 [F126detained cash investigation ] [F127, a detained property investigation [F128or a frozen funds investigation] [F128, a frozen funds investigation or a cryptoasset investigation]] F129....

F130(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F131an appropriate officer] and the order is sought for the purposes of the investigation, or

(b)[F132a person specified in the application or] property specified in the application is subject to a civil recovery investigation and the order is sought for the purposes of the investigation[F133, or

[F134(ba)a person specified in the application is subject to a money laundering investigation which is being carried out by an appropriate officer and the order is sought for the purposes of the investigation, or]

(c)a person specified in the application is subject to an exploitation proceeds investigation and the order is sought for the purposes of the investigation.]

(4)A disclosure order is an order authorising [F135an appropriate officer] to give to any person [F136the appropriate officer] 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 [F137the appropriate officer concerned] 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.

[F138(7)In this Part “relevant authority” means—

(a)in relation to a confiscation investigation, [F139an appropriate officer]; and

(b)in relation to a civil recovery investigation, [F140a Financial Conduct Authority officer,] a [F141National Crime Agency officer] [F142, an officer of Revenue and Customs] or the relevant Director [F143; and

[F144(ba)in relation to a money laundering investigation, an appropriate officer, and]

(c)in relation to an exploitation proceeds investigation, a [F141National Crime Agency officer].]

F145(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F145(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

358 Requirements for making of disclosure orderE+W+N.I.

(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;

[F146(b)in the case of a civil recovery investigation—

(i)the person specified in the application for the order holds recoverable property or associated property,

(ii)that person has, at any time, held property that was recoverable property or associated property at the time, or

(iii)the property specified in the application for the order is recoverable property or associated property;]

[F147(ba)in the case of a money laundering investigation, the person specified in the application for the order has committed a money laundering offence,]

[F148(c)in the case of an exploitation proceeds investigation, the person specified in the application for the order is a person within section 346(2A).]

(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.

359 OffencesE+W+N.I.

(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.

360 StatementsE+W+N.I.

(1)A statement made by a person in response to a requirement imposed on him under a disclosure order may not be used in evidence against him in criminal proceedings.

(2)But subsection (1) does not apply—

(a)in the case of proceedings under Part 2 or 4,

(b)on a prosecution for an offence under section 359(1) or (3),

(c)on a prosecution for an offence under section 5 of the Perjury Act 1911 (c. 6) or Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statements), or

(d)on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in subsection (1).

(3)A statement may not be used by virtue of subsection (2)(d) against a person unless—

(a)evidence relating to it is adduced, or

(b)a question relating to it is asked,

by him or on his behalf in the proceedings arising out of the prosecution.

361 Further provisionsE+W+N.I.

(1)A disclosure order does not confer the right to require a person to answer any privileged question, provide any privileged information or produce any privileged document, except that a lawyer may be required to provide the name and address of a client of his.

(2)A privileged question is a question which the person would be entitled to refuse to answer on grounds of legal professional privilege in proceedings in the High Court.

(3)Privileged information is any information which the person would be entitled to refuse to provide on grounds of legal professional privilege in proceedings in the High Court.

(4)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.

(5)A disclosure order does not confer the right to require a person to produce excluded material.

(6)A disclosure order has effect in spite of any restriction on the disclosure of information (however imposed).

(7)[F149An appropriate officer] may take copies of any documents produced in compliance with a requirement to produce them which is imposed under a disclosure order.

(8)Documents so produced may be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with the investigation for the purposes of which the order was made.

(9)But if [F150an appropriate officer] has reasonable grounds for believing that—

(a)the documents may need to be produced for the purposes of any legal proceedings, and

(b)they might otherwise be unavailable for those purposes,

they may be retained until the proceedings are concluded.

362 SupplementaryE+W+N.I.

(1)An application for a disclosure order 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 disclosure orders.

(3)An application to discharge or vary a disclosure order may be made to the court by—

(a)the [F151person 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.

[F152[F153(4A)An application to discharge or vary a disclosure order need not be made by the same appropriate officer or (as the case may be) the same National Crime Agency officer that applied for the order (but must be made by an appropriate officer of the same description or (as the case may be) by another National Crime Agency officer).

F153(4AA)If the application for the order was, by virtue of an order under section 453, made by an accredited financial investigator of a particular description, the reference in subsection (4A) to an appropriate officer of the same description is to another accredited financial investigator of that description.]

(4B)References to a person who applied for a disclosure order must be construed accordingly.]

(5)Subsections (2) to [F154(4B)] do not apply to orders made in England and Wales for the purposes of a civil recovery investigation [F155or an exploitation proceeds investigation].

[F156(6)An appropriate officer may not make an application for a disclosure order, or an application for the discharge or variation of such an order, unless the officer is a senior appropriate officer or is authorised to do so by a senior appropriate officer.]

[F157Unexplained wealth ordersE+W+N.I.

362AUnexplained wealth ordersE+W+N.I.

(1)The High Court may, on an application made by an enforcement authority, make an unexplained wealth order in respect of any property if the court is satisfied that each of the requirements for the making of the order is fulfilled.

(2)An application for an order must—

(a)specify or describe the property in respect of which the order is sought, and

(b)specify the person whom the enforcement authority thinks holds the property (“the respondent”) (and the person specified may include a person outside the United Kingdom).

[F158(2A)In a case where the respondent is not an individual, the application may also specify a person who is a responsible officer of the respondent (and a person specified may include a person outside the United Kingdom).]

(3)An unexplained wealth order is an order requiring the respondent [F159or any responsible officer specified in the order (a “specified responsible officer”)] to provide a statement—

(a)setting out the nature and extent of the respondent's interest in the property in respect of which the order is made,

(b)explaining how the respondent obtained the property (including, in particular, how any costs incurred in obtaining it were met),

(c)where the property is held by the trustees of a settlement, setting out such details of the settlement as may be specified in the order, and

(d)setting out such other information in connection with the property as may be so specified.

(4)The order must specify—

(a)the form and manner in which the statement is to be given,

(b)the person to whom it is to be given, and

(c)the place at which it is to be given or, if it is to be given in writing, the address to which it is to be sent.

(5)The order may, in connection with requiring the respondent [F160or any specified responsible officer] to provide the statement mentioned in subsection (3), also [F161require them] to produce documents of a kind specified or described in the order.

(6)The respondent [F162or any specified responsible officer] must comply with the requirements imposed by an unexplained wealth order within whatever period the court may specify (and different periods may be specified in relation to different requirements).

(7)In this Chapter “enforcement authority” means—

(a)the National Crime Agency,

(b)Her Majesty's Revenue and Customs,

(c)the Financial Conduct Authority,

(d)the Director of the Serious Fraud Office, or

(e)the Director of Public Prosecutions (in relation to England and Wales) or the Director of Public Prosecutions for Northern Ireland (in relation to Northern Ireland).

[F163(8)For the purposes of this Chapter, each of the following is a “responsible officer” of the respondent (in a case where the respondent is not an individual)—

(a)any director of the respondent, including any person occupying the position of a director, by whatever name called;

(b)any member of a body of the respondent equivalent to a board of directors;

(c)any other manager, secretary or similar officer of the respondent;

(d)where the respondent is a partnership, a partner or a member of the partnership;

(e)any person in accordance with whose directions or instructions the board of directors or equivalent body of the respondent are accustomed to act.]

362BRequirements for making of unexplained wealth orderE+W+N.I.

(1)These are the requirements for the making of an unexplained wealth order in respect of any property.

(2)The High Court must be satisfied that there is reasonable cause to believe that—

(a)the respondent holds the property, and

(b)the value of the property is greater than £50,000.

(3)The High Court must be satisfied that there are reasonable grounds for suspecting [F164—

(a)]that the known sources of the respondent's lawfully obtained income would have been insufficient for the purposes of enabling the respondent to obtain the property[F165, or

(b)that the property has been obtained through unlawful conduct (within the meaning given by section 242).]

(4)The High Court must be satisfied that—

(a)the respondent is a politically exposed person, or

(b)there are reasonable grounds for suspecting that—

(i)the respondent is, or has been, involved in serious crime (whether in a part of the United Kingdom or elsewhere), or

(ii)a person connected with the respondent is, or has been, so involved.

(5)It does not matter for the purposes of subsection (2)(a)—

(a)whether or not there are other persons who also hold the property;

(b)whether the property was obtained by the respondent before or after the coming into force of this section.

(6)For the purposes of subsection (3)—

(a)regard is to be had to any mortgage, charge or other kind of security that it is reasonable to assume was or may have been available to the respondent for the purposes of obtaining the property;

(b)it is to be assumed that the respondent obtained the property for a price equivalent to its market value;

(c)income is “lawfully obtained” if it is obtained lawfully under the laws of the country from where the income arises;

(d)“known” sources of the respondent's income are the sources of income (whether arising from employment, assets or otherwise) that are reasonably ascertainable from available information at the time of the making of the application for the order;

(e)where the property is an interest in other property comprised in a settlement, the reference to the respondent obtaining the property is to be taken as if it were a reference to the respondent obtaining direct ownership of such share in the settled property as relates to, or is fairly represented by, that interest.

(7)In subsection (4)(a), “politically exposed person” means a person who is—

(a)an individual who is, or has been, entrusted with prominent public functions by an international organisation or by a State other than [F166the United Kingdom or another EEA State,]

[F166(i)the United Kingdom, or

(ii)an EEA state,]

(b)a family member of a person within paragraph (a),

(c)known to be a close associate of a person within that paragraph, or

(d)otherwise connected with a person within that paragraph.

(8)Article 3 of Directive 2015/849/EU of the European Parliament and of the Council of 20 May 2015 applies for the purposes of determining—

(a)whether a person has been entrusted with prominent public functions (see point (9) of that Article),

(b)whether a person is a family member (see point (10) of that Article), and

(c)whether a person is known to be a close associate of another (see point (11) of that Article).

(9)For the purposes of this section—

(a)a person is involved in serious crime in a part of the United Kingdom or elsewhere if the person would be so involved for the purposes of Part 1 of the Serious Crime Act 2007 (see in particular sections 2, 2A and 3 of that Act);

(b)section 1122 of the Corporation Tax Act 2010 (“connected” persons) applies in determining whether a person is connected with another.

(10)Where the property in respect of which the order is sought comprises more than one item of property, the reference in subsection (2)(b) to the value of the property is to the total value of those items.

362CEffect of order: cases of non-complianceE+W+N.I.

(1)This section applies in a case where [F167the respondent and the specified responsible officer (if any), between them, fail], without reasonable excuse, to comply with the requirements imposed by an unexplained wealth order in respect of any property before the end of the response period.

(2)The property is to be presumed to be recoverable property for the purposes of any proceedings taken in respect of the property under Part 5, unless the contrary is shown.

(3)The presumption in subsection (2) applies in relation to property—

(a)only so far as relating to the respondent's interest in the property, and

(b)only if the value of that interest is greater than the sum specified in section 362B(2)(b).

It is for the court hearing the proceedings under Part 5 in relation to which reliance is placed on the presumption to determine the matters in this subsection.

(4)The “response period” is whatever period the court specifies under section 362A(6) as the period within which the requirements imposed by the order are to be complied with (or the period ending the latest, if more than one is specified in respect of different requirements).

(5)For the purposes of subsection (1)—

(a)a respondent [F168or a specified responsible officer] who purports to comply with the requirements imposed by an unexplained wealth order is not to be taken to have failed to comply with the order (see instead section 362D);

(b)where an unexplained wealth order imposes more than one requirement, F169... [F170the respondent and the specified responsible officer (if any) are] to be taken to have failed to comply with the requirements imposed by the order unless each of the requirements is complied with or is purported to be complied with.

(6)Subsections (7) and (8) apply in determining the respondent's interest for the purposes of subsection (3) in a case where the respondent to the unexplained wealth order—

(a)is connected with another person who is, or has been, involved in serious crime (see subsection (4)(b)(ii) of section 362B), or

(b)is a politically exposed person of a kind mentioned in paragraph (b), (c) or (d) of subsection (7) of that section (family member, known close associates etc of individual entrusted with prominent public functions).

(7)In a case within subsection (6)(a), the respondent's interest is to be taken to include any interest in the property of the person involved in serious crime with whom the respondent is connected.

(8)In a case within subsection (6)(b), the respondent's interest is to be taken to include any interest in the property of the person mentioned in subsection (7)(a) of section 362B.

(9)Where an unexplained wealth order is made in respect of property comprising more than one item of property, the reference in subsection (3)(b) to the value of the respondent's interest in the property is to the total value of the respondent's interest in those items.

362DEffect of order: cases of compliance or purported complianceE+W+N.I.

(1)This section applies in a case where, before the end of the response period (as defined by section 362C(4)), [F171the respondent and the specified responsible officer (if any) between them comply, or purport to comply, with all of the] requirements imposed by an unexplained wealth order in respect of any property in relation to which the order is made.

(2)If an interim freezing order has effect in relation to the property (see section 362J), the enforcement authority must determine what enforcement or investigatory proceedings, if any, it considers ought to be taken in relation to the property.

(3)A determination under subsection (2) must be made within the period of 60 days starting with the day of compliance [F172, or that period as it may be extended by virtue of section 362DA or 362DB (the “determination period”)].

(4)If the determination under subsection (2) is that no further enforcement or investigatory proceedings ought to be taken in relation to the property, the enforcement authority must notify the High Court of that fact as soon as reasonably practicable (and in any event before the end of the [F173determination period]).

(5)If there is no interim freezing order in effect in relation to the property, the enforcement authority may (at any time) determine what, if any, enforcement or investigatory proceedings it considers ought to be taken in relation to the property.

(6)A determination under this section to take no further enforcement or investigatory proceedings in relation to any property does not prevent such proceedings being taken subsequently (whether as a result of new information or otherwise, and whether or not by the same enforcement authority) in relation to the property.

(7)For the purposes of this section—

F174(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)references to the day of compliance are to the day on which the requirements imposed by the order are complied with (or, if the requirements are complied with over more than one day, the last of those days), and

(c)where an order requires the sending of information in writing to, or the production of documents at, an address specified in the order, compliance with the order (so far as relating to that requirement) occurs when the written information is received, or the documents are produced, at that address,

and in paragraphs [F175(b) and (c)] references to compliance include purported compliance.

(8)In this section “enforcement or investigatory proceedings” means any proceedings in relation to property taken under—

(a)Part 2 or 4 (confiscation proceedings in England and Wales or Northern Ireland) (in relation to cases where the enforcement authority is also a prosecuting authority for the purposes of that Part),

(b)Part 5 (civil recovery of the proceeds of unlawful conduct), or

(c)this Chapter.

[F176362DAExtension of period for making determination where interim freezing order has been madeE+W+N.I.

(1)The High Court may, on an application made by the enforcement authority, extend the determination period if satisfied that—

(a)the enforcement authority is working diligently and expeditiously towards making a determination under section 362D(2),

(b)further time is needed for the authority to make that determination, and

(c)it is reasonable in all the circumstances for the period to be extended.

(2)The application must be made before the determination period would otherwise end.

(3)An extension of the determination period must end no later than the end of the period of 63 days beginning with the day after that on which the period would otherwise end.

(4)Where the determination period is extended under subsection (1), it may be further extended by the High Court (and subsections (2) and (3) apply in relation to any further extension as they apply in relation to the first one).

(5)But the determination period as extended must not in total exceed the period of 186 days starting with the day of compliance (within the meaning given by section 362D(7)(b)).

362DBExtension of period pending determination of proceedings etcE+W+N.I.

(1)Subsection (2) applies where—

(a)an application is made to the High Court under section 362DA for the extension (or further extension) of the determination period, and

(b)the period would (apart from that subsection) end before the court determines the application or it is otherwise disposed of.

(2)The determination period is extended from the time when it would otherwise end until—

(a)the Court determines the application or it is otherwise disposed of, or

(b)if earlier, the end of the period of 31 days beginning with the day after that on which the period would otherwise have ended.

(3)Subsection (4) applies where—

(a)proceedings on an appeal in respect of a decision on an application under section 362DA have been brought, and

(b)the determination period would (apart from that subsection) end before the proceedings are finally determined or otherwise disposed of.

(4)The determination period is extended from the time when it would otherwise end until—

(a)the proceedings are finally determined or otherwise disposed of, or

(b)if earlier, the end of the period mentioned in subsection (2)(b).

(5)Subsection (6) applies where—

(a)an application is made to the Court under section 362DA for an extension of the determination period,

(b)the Court refuses to grant the application, and

(c)the period would (apart from that subsection) end before the end of the 5 day period.

(6)The determination period is extended from the time when it would otherwise end until—

(a)the end of the 5 day period, or

(b)if proceedings on an appeal against the decision are brought before the end of the 5 day period, the time when those proceedings are brought.

(7)The “5 day period” is the period of 5 working days beginning with the day on which the Court refuses to grant the application; and for these purposes “working day” means a day other than—

(a)a Saturday or a Sunday,

(b)Christmas Day or Good Friday, or

(c)a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the application in question under section 362DA is made.

(8)The restriction on the overall extension of the determination period mentioned in section 362DA(5) applies to an extension of the period in accordance with any provision of this section as it applies to an extension under an order of the Court.]

362EOffenceE+W+N.I.

(1)A person commits an offence if, in purported compliance with a requirement imposed by an unexplained wealth order, the person—

(a)makes a statement that the person knows to be false or misleading in a material particular, or

(b)recklessly makes a statement that is false or misleading in a material particular.

(2)A person guilty of an offence under this section is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both;

(b)on summary conviction in England and Wales, to imprisonment for a term not exceeding [F177the general limit in a magistrates’ court], or to a fine, or to both;

(c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.

(3)In relation to an offence committed before [F1782 May 2022], the reference in subsection (2)(b) to [F179the general limit in a magistrates’ court] is to be read as a reference to 6 months.

362FStatementsE+W+N.I.

(1)A statement made by a person in response to a requirement imposed by an unexplained wealth order may not be used in evidence against that person in criminal proceedings.

(2)Subsection (1) does not apply—

(a)in the case of proceedings under Part 2 or 4,

(b)on a prosecution for an offence under section 362E,

(c)on a prosecution for an offence under section 5 of the Perjury Act 1911 or Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statements), or

(d)on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in subsection (1).

(3)A statement may not be used by virtue of subsection (2)(d) against a person unless—

(a)evidence relating to it is adduced, or

(b)a question relating to it is asked,

by the person or on the person's behalf in proceedings arising out of the prosecution.

362GDisclosure of information, copying of documents, etcE+W+N.I.

(1)An unexplained wealth order has effect in spite of any restriction on the disclosure of information (however imposed).

(2)But subsections (1) to (5) of section 361 (rights in connection with privileged information, questions and material) apply in relation to requirements imposed by an unexplained wealth order as they apply in relation to requirements imposed under a disclosure order.

(3)The enforcement authority may take copies of any documents produced by the respondent [F180or any specified responsible officer] in connection with complying with the requirements imposed by an unexplained wealth order.

(4)Documents so produced may also be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with an investigation of a kind mentioned in section 341 in relation to the property in respect of which the unexplained wealth order is made.

(5)But if the enforcement authority has reasonable grounds to believe that the documents—

(a)may need to be produced for the purposes of any legal proceedings, and

(b)might otherwise be unavailable for those purposes,

they may be retained until the proceedings are concluded.

362HHolding of property: trusts and company arrangements etcE+W+N.I.

(1)This section applies for the purposes of sections 362A and 362B.

(2)The cases in which a person (P) is to be taken to “hold” property include those where—

(a)P has effective control over the property;

(b)P is the trustee of a settlement in which the property is comprised;

(c)P is a beneficiary (whether actual or potential) in relation to such a settlement.

(3)A person is to be taken to have “effective control” over property if, from all the circumstances, it is reasonable to conclude that the person—

(a)exercises,

(b)is able to exercise, or

(c)is entitled to acquire,

direct or indirect control over the property.

(4)Where a person holds property by virtue of subsection (2) references to the person obtaining the property are to be read accordingly.

(5)References to a person who holds or obtains property include any body corporate, whether incorporated or formed under the law of a part of the United Kingdom or in a country or territory outside the United Kingdom.

(6)For further provision about how to construe references to the holding of property, see section 414.

362ISupplementaryE+W+N.I.

(1)An application for an unexplained wealth order may be made without notice.

(2)Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to unexplained wealth orders before the High Court in Northern Ireland.

(3)An application to the High Court in Northern Ireland to discharge or vary an unexplained wealth order may be made by—

(a)the enforcement authority, or

(b)the respondent [F181or any specified responsible officer].

(4)The High Court in Northern Ireland—

(a)may discharge the order;

(b)may vary the order.

[F182362IAAnnual reportsE+W

(1)The Secretary of State must prepare and publish a report in respect of each relevant period setting out—

(a)the number of unexplained wealth orders made by the High Court in England and Wales during that period, and

(b)the number of applications made to that Court by enforcement authorities for such an order during that period.

(2)Each of the following is a “relevant period”—

(a)the period of 12 months beginning with the day on which section 51 of the Economic Crime (Transparency and Enforcement) Act 2022 comes into force;

(b)each subsequent period of 12 months.

(3)A report under this section must be prepared and published within the period of 4 months beginning with the end of the relevant period to which the report relates.

(4)The Secretary of State must lay a copy of each report prepared under this section before Parliament.]]

[F183Unexplained wealth orders: interim freezing of propertyE+W+N.I.

362JApplication for interim freezing orderE+W+N.I.

(1)This section applies where the High Court makes an unexplained wealth order in respect of any property.

(2)The court may make an interim freezing order in respect of the property if the court considers it necessary to do so for the purposes of avoiding the risk of any recovery order that might subsequently be obtained being frustrated.

(3)An interim freezing order is an order that prohibits the respondent to the unexplained wealth order, and any other person with an interest in the property, from in any way dealing with the property (subject to any exclusions under section 362L).

(4)An interim freezing order—

(a)may be made only on the application of the enforcement authority that applied for the unexplained wealth order to which the interim freezing order relates,

(b)must be made in the same proceedings as those in which the unexplained wealth order is made, and

(c)may be combined in one document with the unexplained wealth order.

(5)If an application for an unexplained wealth order in respect of any property is made without notice, an application for an interim freezing order in respect of the property must also be made without notice.

362KVariation and discharge of interim freezing orderE+W+N.I.

(1)The High Court may at any time vary or discharge an interim freezing order.

(2)The High Court must discharge an interim freezing order, so far as it has effect in relation to any property, in each of the following three cases.

(3)The first case is where—

(a)the applicable 48 hour period has ended, and

(b)a relevant application has not been made before the end of that period in relation to the property concerned.

(4)The second case is where—

(a)a relevant application has been made before the end of the applicable 48 hour period in relation to the property concerned, and

(b)proceedings on the application (including any on appeal) have been determined or otherwise disposed of.

(5)The third case is where the court has received a notification in relation to the property concerned under section 362D(4) (notification from enforcement authority of no further proceedings).

(6)The “applicable 48 hour period” is to be read as follows—

(a)in a case where the respondent complies, or purports to comply, with the requirements imposed by an unexplained wealth order before the end of the response period, it is the period of 48 hours beginning with the day after the day with which the [F184determination period (see section 362D(3))] ends;

(b)in any other case, it is the period of 48 hours beginning with the day after the day with which the response period ends.

(7)In calculating a period of 48 hours for the purposes of subsection (6), no account is to be taken of—

(a)any Saturday or Sunday,

(b)Christmas Day,

(c)Good Friday, or

(d)any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the interim freezing order concerned is made.

(8)Section 362D(7) applies for the purposes of subsection (6) in determining whether a person complies, or purports to comply, with the requirements imposed by an unexplained wealth order and when such compliance, or purported compliance, takes place.

(9)Before exercising power under this section to vary or discharge an interim freezing order, the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to any person who may be affected by its decision.

(10)Subsection (9) does not apply where the court is acting as required by subsection (2).

(11)In this section—

• “relevant application” means an application for—

  (a)

  a restraint order under section 41 or 190,

  (b)

  a property freezing order, or

  (c)

  an interim receiving order;

• “response period” has the meaning given by section 362C(4).

362LExclusionsE+W+N.I.

(1)The power to vary an interim freezing order includes (amongst other things) power to make exclusions as follows—

(a)power to exclude property from the order, and

(b)power, otherwise than by excluding property from the order, to make exclusions from the prohibition on dealing with the property to which the order applies.

(2)Exclusions from the prohibition on dealing with the property to which the order applies (other than exclusions of property from the order) may also be made when the order is made.

(3)An exclusion may (amongst other things) make provision for the purpose of enabling any person—

(a)to meet the person's reasonable living expenses, or

(b)to carry on any trade, business, profession or occupation.

(4)An exclusion may be made subject to conditions.

(5)Where the court exercises the power to make an exclusion for the purpose of enabling a person to meet legal expenses that the person has incurred, or may incur, in respect of proceedings under this Chapter, it must ensure that the exclusion—

(a)is limited to reasonable legal expenses that the person has reasonably incurred or reasonably incurs,

(b)specifies the total amount that may be released for legal expenses in pursuance of the exclusion, and

(c)is made subject to the same conditions as would be the required conditions (see section 286A) if the order had been made under section 245A (in addition to any conditions under subsection (4)).

(6)The court, in deciding whether to make an exclusion for the purpose of enabling a person to meet legal expenses in respect of proceedings under this Chapter—

(a)must have regard to the desirability of the person being represented in any proceedings under this Chapter in which the person is a participant, and

(b)must disregard the possibility that legal representation of the person in any such proceedings might, were an exclusion not made, be made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or funded by the Northern Ireland Legal Services Commission.

(7)If excluded property is not specified in the order it must be described in the order in general terms.

362MRestrictions on proceedings and remediesE+W+N.I.

(1)While an interim freezing order has effect—

(a)the High Court may stay any action, execution or other legal process in respect of the property to which the order applies, and

(b)no distress may be levied, and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, against the property to which the order applies except with the leave of the High Court and subject to any terms the court may impose.

(2)If a court (whether the High Court or any other court) in which proceedings are pending in respect of any property is satisfied that an interim freezing order has been applied for or made in respect of the property, it may—

(a)stay the proceedings, or

(b)allow them to continue on any terms it thinks fit.

(3)If an interim freezing order applies to a tenancy of any premises, a right of forfeiture in relation to the premises is exercisable—

(a)only with the leave of the High Court, and

(b)subject to any terms that the court may impose.

(4)The reference in subsection (3) to a “right of forfeiture” in relation to premises is to the right of a landlord or other person to whom rent is payable to exercise a right of forfeiture by peaceable re-entry to the premises in respect of any failure by the tenant to comply with a term or condition of the tenancy.

(5)Before exercising a power conferred by this section, the court must (as well as giving the parties to any proceedings concerned an opportunity to be heard) give such an opportunity to any person who may be affected by the court's decision.

362NReceivers in connection with interim freezing ordersE+W+N.I.

(1)This section applies where the High Court makes an interim freezing order on an application by an enforcement authority.

(2)The court may, on an application by the enforcement authority, by order appoint a receiver in respect of any property to which the interim freezing order applies.

(3)An application under subsection (2) may be made at the same time as the application for the interim freezing order or at any time afterwards.

(4)The application may be made without notice if the circumstances of the case are such that notice of the application would prejudice the right of the enforcement authority to obtain a recovery order in respect of any property.

(5)In its application the enforcement authority must nominate a suitably qualified person for appointment as a receiver.

(6)The person nominated may be a member of staff of the enforcement authority.

(7)The enforcement authority may apply a sum received by it under section 280(2) in making payment of the remuneration and expenses of a receiver appointed under this section.

(8)Subsection (7) does not apply in relation to the remuneration of the receiver if that person is a member of staff of the enforcement authority (but it does apply in relation to such remuneration if the receiver is a person providing services under arrangements made by the enforcement authority).

362OPowers of receivers appointed under section 362NE+W+N.I.

(1)If the High Court appoints a receiver under section 362N on an application by an enforcement authority, the court may act under this section on the application of the authority.

(2)The court may by order authorise or require the receiver—

(a)to exercise any of the powers mentioned in paragraph 5 of Schedule 6 (management powers) in relation to any property in respect of which the receiver is appointed;

(b)to take any other steps the court thinks appropriate in connection with the management of any such property (including securing the detention, custody or preservation of the property in order to manage it).

(3)The court may by order require any person in respect of whose property the receiver is appointed—

(a)to bring the property to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the receiver or to place it in the custody of the receiver (if in either case the person is able to do so);

(b)to do anything the person is reasonably required to do by the receiver for the preservation of the property.

(4)The court may by order require any person in respect of whose property the receiver is appointed to bring any documents relating to the property which are in that person's possession or control to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the receiver or to place them in the custody of the receiver.

(5)Any prohibition on dealing with property imposed by an interim freezing order does not prevent a person from complying with any requirements imposed by virtue of this section.

(6)Subsection (7) applies in a case where—

(a)the receiver deals with property that is not property in respect of which the receiver was appointed under section 362N, but

(b)at the time of dealing with the property the receiver believed on reasonable grounds that he or she was entitled to do so by virtue of the appointment.

(7)The receiver is not liable to any person in respect of any loss or damage resulting from the receiver's dealing with the property.

(8)But subsection (7) does not apply to the extent that the loss or damage is caused by the receiver's negligence.

362PSupervision of section 362N receiver and variationsE+W+N.I.

(1)Any of the following persons may at any time apply to the High Court for directions as to the exercise of the functions of a receiver appointed under section 362N—

(a)the receiver;

(b)a party to the proceedings for the appointment of the receiver or the interim freezing order concerned;

(c)a person affected by an action taken by the receiver;

(d)a person who may be affected by an action proposed to be taken by the receiver.

(2)Before it gives directions under subsection (1) the court must give an opportunity to be heard to—

(a)the receiver;

(b)the parties to the proceedings for the appointment of the receiver and for the interim freezing order concerned;

(c)a person who may be interested in the application under subsection (1).

(3)The court may at any time vary or discharge—

(a)the appointment of a receiver under section 362N,

(b)an order under section 362O, or

(c)directions under this section.