Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

38

“Proceeds of crime: investigations

Part 1

Civil recovery investigations

1
Part 8 of the Proceeds of Crime Act 2002 (investigations) is amended as

follows.

Meaning of “civil recovery investigation”

2
In section 341 (investigations), for subsections (2) and (3) substitute—

“(2)
For 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)
But 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, or

(d)
property detained under section 295.”

3
After that section insert—

“341A
Orders and warrants sought for civil recovery investigations


                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.”

Production orders: England and Wales and Northern Ireland

4
In section 345 (production orders), in subsection (2)(a), after

“confiscation investigation” insert “, a civil recovery investigation”.

5
In section 346 (requirements for making of production order), in

subsection (2), for paragraph (b) substitute—

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

39

(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;”.

Search and seizure warrants: England and Wales and Northern Ireland

6
In section 352 (search and seizure warrants), in subsection (2)(a), after

“confiscation investigation” insert “, a civil recovery investigation”.

7    (1)
Section 353 (requirements where production order not available) is

amended as follows.

      (2)
In subsection (2), for paragraph (b) substitute—

“(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;”.

      (3)
In subsection (7), for paragraph (a) substitute—

“(a)
relates to the person or property specified in the

application or to any of the questions listed in subsection

(7ZA), and”.

      (4)
After that subsection insert—

“(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,

40

(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.”

Disclosure orders: England and Wales and Northern Ireland

8
In section 357 (disclosure orders), in subsection (3)(b), at the beginning

insert “a person specified in the application or”.

9
In section 358 (requirements for making of disclosure order), in

subsection (2), for paragraph (b) substitute—

“(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;”.

Customer information orders: England and Wales and Northern Ireland

10
In section 363 (customer information orders), in subsection (2)—

(a)
after “confiscation investigation” insert “, a civil recovery

investigation”, and

(b)
omit paragraph (b) (and the “or” before it).

11
In section 365 (requirements for making of customer information order),

for subsection (3) substitute—

“(3A)
In the case of a civil recovery investigation, there must be

reasonable grounds for suspecting that the person specified in

the application—

(a)
holds recoverable property or associated property, or

(b)
has, at any time, held property that was recoverable

property or associated property at the time.”

Account monitoring orders: England and Wales and Northern Ireland

12
In section 370 (account monitoring orders), in subsection (2)—

(a)
after “confiscation investigation” insert “, a civil recovery

investigation”, and

(b)
omit paragraph (b) (and the “or” before it).

13
In section 371 (requirements for making of account monitoring order),

for subsection (3) substitute—

“(3A)
In the case of a civil recovery investigation, there must be

reasonable grounds for suspecting that the person specified in

the application holds recoverable property or associated

property.”

41

Production orders: Scotland

14  (1)
Section 380 (production orders) is amended as follows.

      (2)
In subsection (2), omit “property subject to”.

      (3)
In subsection (3)(a), after “confiscation investigation” insert “, a civil

recovery investigation”.

15  (1)
In section 381 (requirements for making of production order), in

subsection (2), for paragraph (b) substitute—

“(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;”.

Search warrants: Scotland

16  (1)
Section 387 (search warrants) is amended as follows.

      (2)
In subsection (2), omit “property subject to”.

      (3)
In subsection (3)(a), after “confiscation investigation” insert “, a civil

recovery investigation”.

17  (1)
Section 388 (requirements where production order not available) is

amended as follows.

      (2)
In subsection (2), for paragraph (b) substitute—

“(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;”.

      (3)
In subsection (7), for paragraph (a) substitute—

“(a)
relates to the person or property specified in the

application or to any of the questions listed in subsection

(7ZA), and”.

      (4)
After that subsection insert—

“(7ZA)
Those questions are—

(a)
where a person is specified in the application, any

question as to—

42

(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.”

Disclosure orders: Scotland

18
In section 391 (disclosure orders), in subsection (3)(b), at the beginning

insert “a person specified in the application or”.

19
In section 392 (requirements for making of disclosure order), in

subsection (2), for paragraph (b) substitute—

“(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;”.

Customer information orders: Scotland

20  (1)
Section 397 (customer information orders) is amended as follows.

      (2)
In subsection (2), omit “property subject to”.

      (3)
In subsection (3)—

(a)
after “confiscation investigation” insert “, a civil recovery

investigation”, and

(b)
omit paragraph (b) (and the “or” before it).

21
In section 399 (requirements for making of customer information order),

for subsection (3) substitute—

“(3A)
In the case of a civil recovery investigation, there must be

reasonable grounds for suspecting that the person specified in

the application—

(a)
holds recoverable property or associated property, or

43

(b)
has, at any time, held property that was recoverable

property or associated property at the time.”

Account monitoring orders: Scotland

22  (1)
Section 404 (account monitoring orders) is amended as follows.

      (2)
In subsection (2), omit “property subject to”.

      (3)
In subsection (3)—

(a)
after “confiscation investigation” insert “, a civil recovery

investigation”, and

(b)
omit paragraph (b) (and the “or” before it).

23
In section 405 (requirements for making of account monitoring order),

for subsection (3) substitute—

“(3A)
In the case of a civil recovery investigation, there must be

reasonable grounds for suspecting that the person specified in

the application holds recoverable property or associated

property.”

Part 2

Evidence overseas

24
Part 8 of the Proceeds of Crime Act 2002 (investigations) is amended as

follows.

25
In section 341(3A) (definition of detained cash investigation)—

(a)
after “investigation is” insert “an investigation for the purposes

of Chapter 3 of Part 5 into—”, and

(b)
in paragraphs (a) and (b), omit “an investigation for the purposes

of Chapter 3 of Part 5 into”.

26
In Chapter 2 (England and Wales and Northern Ireland), after section

375 and the heading “Evidence overseas” insert—

“375A
Evidence overseas

(1)
This section applies if a person or property is subject to a civil

recovery investigation, a detained cash investigation or an

exploitation proceeds investigation.

(2)
A judge may request assistance under this section if—

(a)
an application is made by an appropriate officer or a

person subject to the investigation, and

(b)
the judge thinks that there is relevant evidence in a

country or territory outside the United Kingdom.

(3)
The relevant Director or a senior appropriate officer may request

assistance under this section if the Director or officer thinks that

there is relevant evidence in a country or territory outside the

United Kingdom.

44

(4)
The assistance that may be requested under this section is

assistance in obtaining outside the United Kingdom relevant

evidence specified in the request.

(5)
Relevant evidence is—

(a)
in relation to an application or request made for the

purposes of a civil recovery investigation, evidence

relevant for the purpose of identifying recoverable

property or associated property, including evidence as to

a matter described in section 341(2)(a) to (d);

(b)
in relation to an application or request made for the

purposes of a detained cash investigation, evidence as to

a matter described in section 341(3A)(a) or (b);

(c)
in relation to an application or request made for the

purposes of an exploitation proceeds investigation,

evidence as to a matter described in section 341(5)(a) to

(d).

(6)
A request for assistance under this section may be sent—

(a)
to a court or tribunal which is specified in the request and

which exercises jurisdiction in the place where the

evidence is to be obtained,

(b)
to the government of the country or territory concerned,

or

(c)
to an authority recognised by the government of the

country or territory concerned as the appropriate

authority for receiving requests for assistance of that

kind.

(7)
Alternatively, a request for assistance under this section may be

sent to the Secretary of State with a view to it being forwarded to

a court, tribunal, government or authority mentioned in

subsection (6).

(8)
The Secretary of State must forward the request for assistance to

the court, tribunal, government or authority.

(9)
In a case of urgency, a request for assistance under this section

may be sent to—

(a)
the International Criminal Police Organisation, or

(b)
any person competent to receive it under any provisions

adopted under the EU Treaties,


for forwarding to the court, tribunal, government or authority

mentioned in subsection (6).

(10)
Rules of court may make provision as to the practice and

procedure to be followed in connection with proceedings

relating to requests for assistance made by a judge under this

section.

(11)
“Evidence” includes documents, information in any other form

and material.