Article 5 Amendments to the Criminal Procedure Rules 2014

for paragraph (2) substitute—

“(2)

Sections 2 and 4 of this Part apply where, for the purposes of an investigation to which Part 8 of the Proceeds of Crime Act 2002 or the Proceeds of Crime Act 2002 (External Investigations) Order 2014^f1 applies, 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^f2 or under articles 6 and 12 of the 2014 Order;

(b)

an order to grant entry, under sections 347 and 351 of the 2002 Act or under articles 8 and 12 of the 2014 Order;

(c)

a disclosure order, under sections 357 and 362 of the 2002 Act^f3 or under articles 16 and 21 of the 2014 Order;

(d)

a customer information order, under sections 363 and 369 of the 2002 Act^f4 or under articles 22 and 28 of the 2014 Order;

(e)

an account monitoring order, under sections 370, 373 and 375 of the 2002 Act^f5 or under articles 29, 32 and 34 of the 2014 Order.”,

in sub-paragraph (b) of the first paragraph of the note to the rule, for ‘an investigation under Part 8 of the Proceeds of Crime Act 2002’ substitute ‘an investigation to which Part 8 of the Proceeds of Crime Act 2002 or the Proceeds of Crime Act 2002 (External Investigations) Order 2014 applies’,

for the sixth paragraph of the note to the rule substitute—

“Under section 343 of the Proceeds of Crime Act 2002^f6—

(a)

any Crown Court judge may make an order to which Section 4 of this Part applies for the purposes of a confiscation investigation, a money laundering investigation or (when the Policing and Crime Act 2009^f7 comes into force) a detained cash investigation;

(b)

only a High Court judge may make such an order for the purposes of a civil recovery investigation, an exploitation proceeds investigation or (until the Policing and Crime Act 2009 comes into force) a detained cash investigation (and these rules do not apply to an application to such a judge in such a case).”, and

in sub-paragraph (b) of the seventh paragraph of the note to the rule, for ‘sections 351, 362, 369 and 375’ substitute ‘sections 351, 362, 369, 375 and 446’;

for paragraph (2)(d) substitute—

“(d)

in the case of an investigation in the United Kingdom, explain why the applicant thinks that—

(i)

the person under investigation has benefited from criminal conduct, in the case of a confiscation investigation, or committed a money laundering offence, in the case of a money laundering investigation, or

(ii)

the cash involved is property obtained through unlawful conduct, or is intended to be used in unlawful conduct, in the case of a detained cash investigation;”,

after paragraph (2)(d) insert—

“(e)

in the case of an investigation outside the United Kingdom, explain why the applicant thinks that—

(i)

there is an investigation by an overseas authority which relates to a criminal investigation or to criminal proceedings (including proceedings to remove the benefit of a person’s criminal conduct following that person’s conviction), and

(ii)

the investigation is into whether property has been obtained as a result of or in connection with criminal conduct, or into the extent or whereabouts of such property;”, and

renumber paragraphs (2)(e) and (f) accordingly;

for the first sentence substitute ‘See sections 345 to 350 of the Proceeds of Crime Act 2002^f8 and articles 6 to 11 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014^f9.’, and

for the second sentence substitute ‘A Crown Court judge may make a production order for the purposes of a confiscation investigation, a money laundering investigation or (when the Policing and Crime Act 2009 comes into force) a detained cash investigation.’;

for paragraph (1) substitute—

“(1)

This rule applies where a person is accused of disobeying—

(a)

a production order made under section 345 of the Proceeds of Crime Act 2002^f13 or article 6 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014^f14; or

(b)

an account monitoring order made under section 370 of the 2002 Act or article 29 of the 2014 Order.”,

for the second sentence of the note to the rule substitute ‘See sections 351(7) and 375(6) of the Proceeds of Crime Act 2002, articles 12(6) and 34(5) of the Proceeds of Crime Act 2002 (External Investigations) Order 2014 and section 45 of the Senior Courts Act 1981.’,

for the third sentence of the note to the rule substitute ‘Disobedience to a disclosure order or to a customer information order is an offence: see sections 359 and 366 of the 2002 Act and articles 18 and 25 of the 2014 Order.’, and

for the fourth sentence of the note to the rule substitute ‘Under section 342 of the 2002 Act and under article 5 of the 2014 Order, subject to the exceptions for which those provide it is an offence to make a disclosure likely to prejudice an investigation or to interfere with documents relevant to it.’; and