Part 2Investigations, prosecutions, proceedings and proceeds of crime

Chapter 1Investigatory powers of DPP, etc.

Disclosure notices

62Disclosure notices

1

If it appears to the Investigating Authority—

a

that there are reasonable grounds for suspecting that an offence to which this Chapter applies has been committed,

b

that any person has information (whether or not contained in a document) which relates to a matter relevant to the investigation of that offence, and

c

that there are reasonable grounds for believing that information which may be provided by that person in compliance with a disclosure notice is likely to be of substantial value (whether or not by itself) to that investigation,

he may give, or authorise an appropriate person to give, a disclosure notice to that person.

2

In this Chapter “appropriate person” means—

a

a constable,

b

a member of the staff of SOCA who is for the time being designated under section 43, or

c

an officer of Revenue and Customs.

3

In this Chapter “disclosure notice” means a notice in writing requiring the person to whom it is given to do all or any of the following things in accordance with the specified requirements, namely—

a

answer questions with respect to any matter relevant to the investigation;

b

provide information with respect to any such matter as is specified in the notice;

c

produce such documents, or documents of such descriptions, relevant to the investigation as are specified in the notice.

4

In subsection (3) “the specified requirements” means such requirements specified in the disclosure notice as relate to—

a

the time at or by which,

b

the place at which, or

c

the manner in which,

the person to whom the notice is given is to do any of the things mentioned in paragraphs (a) to (c) of that subsection; and those requirements may include a requirement to do any of those things at once.

5

A disclosure notice must be signed or counter-signed by the Investigating Authority.

6

This section has effect subject to section 64 (restrictions on requiring information etc.).