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| | 29 | The powers conferred by section 177, 178 and 222 of the Extradition Act 2003 |
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| | are exercisable in relation to any amendment of that Act made by this Part of |
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| | To move the following Schedule:— |
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| | ‘Proceeds of crime: civil recovery of the proceeds etc of unlawful conduct |
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| | Enforcement of Interim orders in the United Kingdom |
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| | 1 | Section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of |
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| | UK judgments in other parts of UK) is amended as follows. |
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| | 2 | In subsection (5)(d) (provisional measures), at the end insert “or an interim |
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| | order made in connection with the civil recovery of proceeds of unlawful |
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| | 3 | After subsection (6) insert— |
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| | “(6A) | In subsection (5)(d), “an interim order made in connection with the |
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| | civil recovery of proceeds of unlawful conduct” means any of the |
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| | following made under Chapter 2 of Part 5 of the Proceeds of Crime |
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| | (a) | a property freezing order or prohibitory property order; |
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| | (b) | an order under section 245E or 245F of that Act (order relating |
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| | to receivers in connection with property freezing order); |
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| | (c) | an interim receiving order or interim administration order.” |
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| | Property or evidence outside the United Kingdom |
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| | 4 | Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of |
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| | unlawful conduct) is amended as follows. |
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| | 5 | In section 280 (applying realised proceeds), in subsection (1), for “This section |
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| | applies to” substitute “Subsection (2) applies to sums which are in the hands |
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| | of the trustee for civil recovery if they are”. |
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| | 6 | After section 282A insert— |
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| | “Enforcement outside the United Kingdom |
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| | 282B | Enforcement abroad before recovery order: enforcement authority |
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| | (1) | This section applies if— |
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| | (a) | the property freezing conditions are met in relation to |
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| | (b) | the property is not property to which a recovery order applies, |
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| | (c) | an enforcement authority believes that the property is in a |
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| | country outside the United Kingdom (the receiving country). |
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| | (2) | The property freezing conditions are— |
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| | (a) | in England and Wales and Northern Ireland, the conditions in |
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| | section 245A(5) and (6), and |
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| | (b) | in Scotland, the conditions in section 255A(5) and (6), |
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| | | and, for the purposes of this subsection, the references in those |
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| | provisions to property to which the application for the order relates are |
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| | to be read as references to the property mentioned in subsection (1)(a). |
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| | (3) | The enforcement authority may send a request for assistance in |
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| | relation to the property to the Secretary of State with a view to it being |
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| | forwarded under this section. |
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| | (4) | The Secretary of State may forward the request for assistance to the |
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| | government of the receiving country. |
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| | (5) | A request for assistance under this section is a request to the |
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| | government of the receiving country— |
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| | (a) | to secure that any person is prohibited from dealing with the |
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| | (b) | for assistance in connection with the management of the |
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| | property, including with securing its detention, custody or |
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| | 282C | Enforcement abroad before recovery order: receiver or administrator |
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| | (1) | This section applies if— |
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| | (a) | a property freezing order has effect in relation to property, and |
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| | (b) | the receiver appointed under section 245E in respect of the |
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| | property believes that it is in a country outside the United |
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| | Kingdom (the receiving country). |
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| | (2) | This section also applies if— |
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| | (a) | an interim receiving order or interim administration order has |
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| | effect in relation to property, and |
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| | (b) | the interim receiver or interim administrator believes that the |
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| | property is in a country outside the United Kingdom (the |
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| | (3) | The receiver or administrator may send a request for assistance in |
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| | relation to the property to the Secretary of State with a view to it being |
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| | forwarded under this section. |
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| | (4) | The Secretary of State must forward the request for assistance to the |
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| | government of the receiving country. |
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| | (5) | A request for assistance under this section is a request to the |
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| | government of the receiving country— |
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| | (a) | to secure that any person is prohibited from dealing with the |
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| | (b) | for assistance in connection with the management of the |
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| | property, including with securing its detention, custody or |
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| | 282D | Evidence overseas: interim receiver or interim administrator |
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| | (1) | This section applies if— |
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| | (a) | an interim receiving order or interim administration order has |
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| | effect in relation to property, and |
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| | (b) | the order requires the interim receiver or interim administrator |
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| | to take steps to establish a matter described in section |
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| | 247(2)(a) or (b) or 257(2)(a) or (b). |
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| | (2) | The interim receiver or interim administrator may request assistance |
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| | under this section if the interim receiver or interim administrator |
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| | thinks that there is relevant evidence in a country outside the United |
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| | (3) | A judge of the High Court may request assistance under this section |
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| | (a) | an application is made by the interim receiver or by a person |
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| | subject to investigation by the interim receiver, and |
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| | (b) | the judge thinks that there is relevant evidence in a country |
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| | outside the United Kingdom. |
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| | (4) | A judge of the Court of Session may request assistance under this |
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| | (a) | an application is made by the interim administrator or by a |
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| | person subject to investigation by the interim administrator, |
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| | (b) | the judge thinks that there is relevant evidence in a country |
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| | outside the United Kingdom. |
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| | (5) | The assistance that may be requested under this section is assistance in |
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| | obtaining outside the United Kingdom relevant evidence specified in |
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| | (6) | Relevant evidence is— |
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| | (a) | in relation to an application or request made for the purposes |
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| | of an investigation by an interim receiver, evidence as to a |
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| | matter described in section 247(2)(a) or (b); |
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| | (b) | in relation to an application or request made for the purposes |
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| | of an investigation by an interim administrator, evidence as to |
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| | a matter described in section 257(2)(a) or (b). |
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| | (7) | A request for assistance under this section may be sent— |
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| | (a) | to a court or tribunal which is specified in the request and |
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| | which exercises jurisdiction in the place where the evidence is |
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| | (b) | to the government of the country concerned, or |
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| | (c) | to an authority recognised by the government of the country |
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| | concerned as the appropriate authority for receiving requests |
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| | for assistance of that kind. |
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| | (8) | Alternatively, a request for assistance under this section may be sent |
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| | to the Secretary of State with a view to it being forwarded to a court, |
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| | tribunal, government or authority mentioned in subsection (7). |
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| | (9) | The Secretary of State must forward the request for assistance to the |
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| | court, tribunal, government or authority. |
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| | (10) | In a case of urgency, a request for assistance under this section may be |
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| | (a) | the International Criminal Police Organisation, or |
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| | (b) | any person competent to receive it under any provisions |
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| | adopted under the EU Treaties, |
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| | | for forwarding to the court, tribunal, government or authority |
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| | mentioned in subsection (7). |
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| | (11) | Rules of court may make provision as to the practice and procedure to |
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| | be followed in connection with proceedings relating to requests for |
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| | assistance made by a judge under this section. |
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| | (12) | “Evidence” includes documents, information in any other form and |
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| | 282E | Evidence overseas: restrictions on use |
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| | (1) | This section applies to evidence obtained by means of a request for |
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| | assistance under section 282D. |
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| | (2) | The evidence must not be used for any purpose other than— |
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| | (a) | for the purposes of carrying out the functions of the interim |
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| | receiver or interim administrator, or |
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| | (b) | for the purposes of proceedings under this Chapter of this Part |
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| | in respect of property described in subsection (3) or any |
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| | proceedings arising out of such proceedings. |
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| | (a) | the property that is the subject of the interim receiving order |
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| | or interim administration order, or |
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| | (b) | other property that is recoverable property in respect of the |
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| | (4) | Subsection (2) does not apply if the court, tribunal, government or |
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| | authority to whom the request for assistance was sent consents to the |
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| | (5) | In Scotland, the evidence may be received in evidence without being |
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| | sworn to by anyone, so far as that may be done without unfairness to |
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| | 282F | Enforcement abroad: after recovery order |
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| | (1) | This section applies if— |
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| | (a) | a recovery order has effect in relation to property, and |
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| | (b) | the enforcement authority or the trustee for civil recovery |
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| | believes that the property is in a country outside the United |
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| | Kingdom (the receiving country). |
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| | (2) | The enforcement authority or trustee for civil recovery may send a |
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| | request for assistance in relation to the property to the Secretary of |
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| | State with a view to it being forwarded under this section. |
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| | (3) | The Secretary of State may forward a request for assistance from the |
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| | enforcement authority to the government of the receiving country. |
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| | (4) | The Secretary of State must forward a request for assistance from the |
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| | trustee for civil recovery to the government of the receiving country. |
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| | (5) | A request for assistance is a request to the government of the receiving |
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| | country for assistance in connection with the management and |
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| | disposal of the property and includes a request— |
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| | (a) | to secure the detention, custody or preservation of the |
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| | (b) | in the case of money, to secure that it is applied in accordance |
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| | with the law of the receiving country; |
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| | (c) | in the case of property other than money, to secure that the |
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| | property is realised and the proceeds are applied in accordance |
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| | with the law of the receiving country. |
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| | (6) | A certificate purporting to be issued by or on behalf of the government |
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| | of the receiving country is admissible as evidence of the facts it states |
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| | (a) | that property has been realised in pursuance of a request under |
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| | (b) | the date of realisation, and |
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| | (c) | the proceeds of realisation.”’. |
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| | To move the following Schedule:— |
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| | ‘Proceeds of crime: investigations |
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| | Civil recovery investigations |
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| | 1 | Part 8 of the Proceeds of Crime Act 2002 (investigations) is amended as |
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| | Meaning of “civil recovery investigation” |
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| | 2 | In section 341 (investigations), for subsections (2) and (3) substitute— |
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| | “(2) | For the purposes of this Part a civil recovery investigation is an |
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| | investigation for the purpose of identifying recoverable property or |
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| | associated property and includes investigation into— |
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| | (a) | whether property is or has been recoverable property or |
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| | (b) | who holds or has held property, |
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| | (c) | what property a person holds or has held, or |
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| | (d) | the nature, extent or whereabouts of property. |
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| | (3) | But an investigation is not a civil recovery investigation to the extent |
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| | (a) | property in respect of which proceedings for a recovery order |
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| | (b) | property to which an interim receiving order applies, |
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| | (c) | property to which an interim administration order applies, or |
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| | (d) | property detained under section 295.” |
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| | 3 | After that section insert— |
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| | “341A | Orders and warrants sought for civil recovery investigations |
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| | Where an application under this Part for an order or warrant specifies |
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| | property that is subject to a civil recovery investigation, references in |
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| | this Part to the investigation for the purposes of which the order or |
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| | warrant is sought include investigation into— |
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| | (a) | whether a person who appears to hold or to have held the |
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| | specified property holds or has held other property, |
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| | (b) | whether the other property is or has been recoverable property |
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| | or associated property, and |
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| | (c) | the nature, extent or whereabouts of the other property.” |
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| | Production orders: England and Wales and Northern Ireland |
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| | 4 | In section 345 (production orders), in subsection (2)(a), after “confiscation |
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| | investigation” insert “, a civil recovery investigation”. |
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| | 5 | In section 346 (requirements for making of production order), in subsection |
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| | (2), for paragraph (b) substitute— |
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| | “(b) | in the case of a civil recovery investigation— |
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| | (i) | the person the application for the order specifies as |
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| | being subject to the investigation holds recoverable |
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| | property or associated property, |
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| | (ii) | that person has, at any time, held property that was |
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| | recoverable property or associated property at the |
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| | (iii) | the property the application for the order specifies as |
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| | being subject to the investigation is recoverable |
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| | property or associated property;”. |
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| | Search and seizure warrants: England and Wales and Northern Ireland |
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| | 6 | In section 352 (search and seizure warrants), in subsection (2)(a), after |
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| | “confiscation investigation” insert “, a civil recovery investigation”. |
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| | 7 (1) | Section 353 (requirements where production order not available) is amended |
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| | (2) | In subsection (2), for paragraph (b) substitute— |
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| | “(b) | in the case of a civil recovery investigation— |
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| | (i) | the person specified in the application for the warrant |
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| | holds recoverable property or associated property, |
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| | (ii) | that person has, at any time, held property that was |
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| | recoverable property or associated property at the |
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| | (iii) | the property specified in the application for the |
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| | warrant is recoverable property or associated |
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| | (3) | In subsection (7), for paragraph (a) substitute— |
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| | “(a) | relates to the person or property specified in the application or |
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| | to any of the questions listed in subsection (7ZA), and”. |
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| | (4) | After that subsection insert— |
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| | “(7ZA) | Those questions are— |
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| | (a) | where a person is specified in the application, any question as |
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| | (i) | what property the person holds or has held, |
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| | (ii) | whether the property is or has been recoverable |
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| | property or associated property, or |
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| | (iii) | the nature, extent or whereabouts of the property, and |
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| | (b) | where property is specified in the application, any question as |
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| | (i) | whether the property is or has been recoverable |
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| | property or associated property, |
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| | (ii) | who holds it or has held it, |
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| | (iii) | whether a person who appears to hold or to have held |
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| | it holds or has held other property, |
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| | (iv) | whether the other property is or has been recoverable |
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| | property or associated property, or |
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| | (v) | the nature, extent or whereabouts of the specified |
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| | property or the other property.” |
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| | Disclosure orders: England and Wales and Northern Ireland |
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| | 8 | In section 357 (disclosure orders), in subsection (3)(b), at the beginning insert |
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| | “a person specified in the application or”. |
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| | 9 | In section 358 (requirements for making of disclosure order), in subsection (2), |
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| | for paragraph (b) substitute— |
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| | “(b) | in the case of a civil recovery investigation— |
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| | (i) | the person specified in the application for the order |
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| | holds recoverable property or associated property, |
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| | (ii) | that person has, at any time, held property that was |
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| | recoverable property or associated property at the |
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| | (iii) | the property specified in the application for the order |
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| | is recoverable property or associated property;”. |
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| | Customer information orders: England and Wales and Northern Ireland |
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| | 10 | In section 363 (customer information orders), in subsection (2)— |
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| | (a) | after “confiscation investigation” insert “, a civil recovery |
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| | (b) | omit paragraph (b) (and the “or” before it). |
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| | 11 | In section 365 (requirements for making of customer information order), for |
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| | subsection (3) substitute— |
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| | “(3A) | In the case of a civil recovery investigation, there must be reasonable |
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| | grounds for suspecting that the person specified in the application— |
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| | (a) | holds recoverable property or associated property, or |
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| | (b) | has, at any time, held property that was recoverable property |
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| | or associated property at the time.” |
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| | Account monitoring orders: England and Wales and Northern Ireland |
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| | 12 | In section 370 (account monitoring orders), in subsection (2)— |
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| | (a) | after “confiscation investigation” insert “, a civil recovery |
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