6.1.—(1) Sections 2 and 3 of this Part apply where, for the purposes of a terrorist investigation—
(a)a Circuit judge can make, vary or discharge—
(i)an order for the production of, or for giving access to, material, or for a statement of its location, under paragraphs 5 and 10 of Schedule 5 to the Terrorism Act 2000(1),
(ii)an explanation order, under paragraphs 10 and 13 of Schedule 5 to the 2000 Act(2),
(iii)a customer information order, under paragraphs 1 and 4 of Schedule 6 to the 2000 Act(3);
(b)a Circuit judge can make, and the Crown Court can vary or discharge, an account monitoring order, under paragraphs 2 and 4 of Schedule 6A to the 2000 Act(4).
(2) Sections 2 and 4 of this Part apply where, for the purposes of an investigation for which Part 8 of the Proceeds of Crime Act 2002 provides, a Crown Court judge can make, and the Crown Court can vary or discharge—
(a)a production order, under sections 345 and 351 of the 2002 Act(5);
(b)an order to grant entry, under sections 347 and 351 of the 2002 Act;
(c)a disclosure order, under sections 357 and 362 of the 2002 Act(6);
(d)a customer information order, under sections 363 and 369 of the 2002 Act(7);
(e)an account monitoring order, under sections 370 and 375 of the 2002 Act(8).
(3) Rule 6.5 and Section 5 of this Part apply where—
(a)a justice of the peace can make or discharge an investigation anonymity order, under sections 76 and 80(1) of the Coroners and Justice Act 2009(9);
(b)a Crown Court judge can determine an appeal against—
(i)a refusal of such an order, under section 79 of the 2009 Act,
(ii)a decision on an application to discharge such an order, under section 80(6) of the 2009 Act.
(4) Sections 2 and 6 of this Part apply where a justice of the peace can make an order approving—
(a)the grant or renewal of an authorisation, or the giving or renewal of a notice, under section 23A of the Regulation of Investigatory Powers Act 2000(10);
(b)the grant or renewal of an authorisation under section 32A of the 2000 Act(11).
[Note. In outline, the orders to which these rules apply are—
(a)for the purposes of a terrorist investigation under the Terrorism Act 2000—
(i)an order requiring a person to produce, give access to, or state the location of material,
(ii)an explanation order, requiring a person to explain material obtained under a production, etc. order,
(iii)a customer information order, requiring a financial institution to provide information about an account holder,
(iv)an account monitoring order, requiring a financial institution to provide specified information, for a specified period, about an account held at that institution;
(b)for the purposes of an investigation under Part 8 of the Proceeds of Crime Act 2002—
(i)a production order, requiring a person to produce or give access to material,
(ii)an order to grant entry, requiring a person to allow entry to premises so that a production order can be enforced,
(iii)a disclosure order, requiring a person to provide information or documents, or to answer questions,
(iv)a customer information order, requiring a financial institution to provide information about an account holder,
(v)an account monitoring order, requiring a financial institution to provide specified information, for a specified period, about an account held at that institution;
(c)under the Coroners and Justice Act 2009, an investigation anonymity order, prohibiting the disclosure of information that identifies, or might identify, a specified person as someone who is, or was, willing to assist the investigation of an offence of murder or manslaughter caused by a gun or knife;
(d)under the Regulation of Investigatory Powers Act 2000, an order approving a local authority officer’s authorisation for the obtaining of information about the use of postal or telecommunications services, or for the use of surveillance or of a ‘covert human intelligence source’.
For all the relevant terms under which these orders can be made, see the provisions listed in rule 6.1.
By section 341 of the Proceeds of Crime Act 2002 (12), an investigation under Part 8 of the Act may be—
(a)an investigation into whether a person has benefited from criminal conduct, or the extent or whereabouts of such benefit (‘a confiscation investigation’);
(b)an investigation into whether a person has committed a money laundering offence (‘a money laundering investigation’);
(c)an investigation into whether property is recoverable property or associated property (as defined by section 316 of the 2002 Act (13)), or into who holds the property or its extent or whereabouts (‘a civil recovery investigation’);
(d)an investigation into the derivation of cash detained under the 2002 Act, or into whether such cash is intended to be used in unlawful conduct (‘a detained cash investigation’);
(e)an investigation for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs, etc.) into whether a person is a qualifying offender or has obtained exploitation proceeds from a relevant offence, or into the value of any benefits derived by such a person from such an offence or the amount available (‘an exploitation proceeds investigation’).
When the relevant provisions of the Courts Act 2003 come into force, a District Judge (Magistrates’ Courts) will have the same powers as a Circuit judge under the Terrorism Act 2000.
Under section 8 of the Senior Courts Act 1981 (14), a High Court judge, a Circuit judge, a Recorder, a qualifying judge advocate and a District Judge (Magistrates’ Courts) each may act as a Crown Court judge.
Under section 343 of the Proceeds of Crime Act 2002 (15)—
(a)any Crown Court judge may make an order to which Section 4 of this Part applies for the purposes of a confiscation investigation or a money laundering investigation;
(b)only a High Court judge may make such an order for the purposes of a civil recovery investigation, a detained cash investigation or an exploitation proceeds investigation (and these rules do not apply to an application to such a judge in such a case).
As well as governing procedure on an application to the Crown Court, under the following provisions rules may govern the procedure on an application to an individual judge—
(a)paragraph 10 of Schedule 5, paragraph 4 of Schedule 6 and paragraph 5 of Schedule 6A to the Terrorism Act 2000; and
(b)sections 351, 362, 369 and 375 of the Proceeds of Crime Act 2002.
Under the Terrorism Act 2000 and under the Proceeds of Crime Act 2002, in some circumstances an individual judge can issue a warrant to search for and seize material. Applications for such warrants are not subject to these rules.]
2000 c. 11; paragraph 5 of Schedule 5 is amended by section 65 of, and paragraph 9 of Schedule 4 to, the Courts Act 2003 (c. 39), with effect from a date to be appointed. Paragraph 10 of Schedule 5 was amended by section 109(1) of, and paragraph 389 of Schedule 8 to, the Courts Act 2003 (c. 39) and it is further amended by section 65 of, and paragraph 9 of Schedule 4 to, the Courts Act 2003 (c. 39), with effect from a date to be appointed.
2000 c. 11; paragraph 13 of Schedule 5 is amended by section 65 of, and paragraph 9 of Schedule 4 to, the Courts Act 2003 (c. 39), with effect from a date to be appointed.
2000 c. 11; paragraph 1 of Schedule 6 was amended by section 3 of, and paragraph 6 of Schedule 2 to, the Anti-terrorism, Crime and Security Act 2001 (c. 24). Paragraph 4 of Schedule 6 was amended by section 109(1) of, and paragraph 390 of Schedule 8 to, the Courts Act 2003 (c. 39).
2000 c. 11; Schedule 6A was inserted by section 3 of, and paragraph 1(1) and (3) of Part 1 of Schedule 2 to, the Anti-terrorism, Crime and Security Act 2001 (c. 24).
2002 c. 29; section 345 was amended by section 75 of the Serious Crime Act 2007 (c. 27). Section 351 was amended by sections 74 and 77 of, and paragraphs 103 and 104 of Schedule 8 and paragraphs 1 and 6 of Schedule 10 to, the Serious Crime Act 2007 (c. 27).
2002 c. 29; section 357 was amended by sections 74 and 77 of, and paragraphs 103 and 108 of Schedule 8 and paragraphs 1 and 10 of Schedule 10 to, the Serious Crime Act 2007 (c. 27). Section 362 was amended by section 74 of, and paragraphs 103 and 110 of Schedule 8 to, the Serious Crime Act 2007 (c. 27).
2002 c. 29; section 363 was amended by section 77 of, and paragraphs 1 and 11 of Schedule 10 to, the Serious Crime Act 2007 (c. 27). Section 369 was amended by section 74 of, and paragraphs 103 and 111 of Schedule 8 to, the Serious Crime Act 2007 (c. 27).
2002 c. 29; section 370 was amended by section 77 of, and paragraphs 1 and 12 of Schedule 10 to, the Serious Crime Act 2007 (c. 27). Section 375 was amended by section 74 of, and paragraphs 103 and 112 of Schedule 8 to, the Serious Crime Act 2007 (c. 27).
2000 c. 23; section 23A is inserted by section 37 of the Protection of Freedoms Act 2012 (c. 9), with effect from a date to be appointed.
2000 c. 23; section 32A is inserted by section 38 of the Protection of Freedoms Act 2012 (c. 9), with effect from a date to be appointed.
2002 c. 29; section 341 was amended by section 75 of the Serious Crime Act 2007 (c. 27) and section 169 of, and paragraphs 1 and 2 of Schedule 19 to, the Coroners and Justice Act 2009 (c. 25). It is further amended by section 112 of, and paragraphs 99 and 110 of Schedule 7 to, the Policing and Crime Act 2009 (c. 26), with effect from a date to be appointed.
2002 c. 29; section 316 was amended by paragraph 78 of Schedule 36 to the Criminal Justice Act 2003 (c. 44), section 109 of, and paragraphs 4 and 22 of Schedule 6 to, the Serious Organised Crime and Police Act 2005 (c. 15), section 74 of, and paragraphs 85 and 91 of Schedule 8 to, the Serious Crime Act 2007 (c. 27) and article 12 of, and paragraphs 47 and 65 of Schedule 14 to, S.I. 2010/976.
1981 c. 54; section 8 was amended by sections 65 and 109 of, and paragraph 259 of Schedule 8 to, the Courts Act 2003 (c. 39) and paragraph 1 of Schedule 2 to the Armed Forces Act 2011 (c. 18). The 1981 Act’s title was amended by section 59(5) of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).
2002 c. 29; section 343 was amended by section 77 of, and paragraphs 1 and 3 of Schedule 10 to, the Serious Crime Act 2007 (c. 27) and section 169 of, and paragraphs 1 and 4 of Schedule 19 to, the Coroners and Justice Act 2009 (c. 25). It is further amended by section 66 of the Policing and Crime Act 2009 (c. 26), with effect from a date to be appointed.