# The Criminal Procedure (Amendment) Rules 2018, Article 20: Amendments to the Criminal Procedure Rules 2015


In Part 47 (Investigation orders and warrants)—
(a) in rule 47.4 (When this Section applies)—
(i) after paragraph (e) insert—
“(f) a magistrates’ court can make a further information order under section 22B of the Terrorism Act 2000 in connection with—
(i) an investigation into whether a person is involved in the commission of an offence under any of sections 15 to 18 of the 2000 Act,
(ii) determining whether such an investigation should be started, or
(iii) identifying terrorist property or its movement or use;
(g) a magistrates’ court can make a further information order under section 339ZH of the Proceeds of Crime Act 2002 in connection with—
(i) an investigation into whether a person is engaged in money laundering,
(ii) determining whether such an investigation should be started, or
(iii) an investigation into money laundering by an authority in a country outside the United Kingdom.”, and
(ii) in the first paragraph of the note to the rule, after sub-paragraph (e) insert—
“(f) under the Terrorism Act 2000, a further information order requiring a person to provide information related to a matter arising from a disclosure under section 21A of that Act (Failure to disclose: regulated sector) or under the law of a country outside the United Kingdom which corresponds with Part III of that Act (Terrorist property);
(g) under the Proceeds of Crime Act 2002, a further information order requiring a person to provide information related to a matter arising from a disclosure under Part 7 of that Act (Money laundering) or under the law of a country outside the United Kingdom which corresponds with that Part of that Act.”;
(b) in rule 47.9 (Application to punish for contempt of court), at the end of the note to the rule insert—
“If a person fails to comply with a further information order under the Terrorism Act 2000 or under the Proceeds of Crime Act 2002 the magistrates’ court may order that person to pay an amount not exceeding £5,000, which order may be enforced as if the sum due had been adjudged to be paid by a conviction: see section 22B(8), (9) of the Terrorism Act 2000 and section 339ZH((8), (9) of the Proceeds of Crime Act 2002.”;
(c) in rule 47.13 (Content of application for a disclosure order under the Terrorism Act 2000)—
(i) for the heading to the rule substitute “Content of application for a disclosure order or further information order under the Terrorism Act 2000”,
(ii) the existing text becomes paragraph (1),
(iii) after paragraph (1) insert—
“(2) As well as complying with rule 47.6, an applicant who wants the court to make a further information order must—
(a) identify the respondent from whom the information is sought and explain—
(i) whether the respondent is the person who made the disclosure to which the information relates or is otherwise carrying on a business in the regulated sector within the meaning of Part 1 of Schedule 3A to the 2000 Act, and
(ii) why the applicant thinks that the information is in the possession, or under the control, of the respondent;
(b) specify or describe the information that the applicant wants the respondent to provide;
(c) where the information sought relates to a disclosure of information by someone under section 21A of the 2000 Act (Failure to disclose: regulated sector), explain—
(i) how the information sought relates to a matter arising from that disclosure,
(ii) how the information would assist in investigating whether a person is involved in the commission of an offence under any of sections 15 to 18 of that Act, or in determining whether an investigation of that kind should be started, or in identifying terrorist property or its movement or use, and
(iii) why it is reasonable in all the circumstances for the information to be provided;
(d) where the information sought relates to a disclosure made under a requirement of the law of a country outside the United Kingdom which corresponds with Part III of the 2000 Act (Terrorist property), and an authority in that country which investigates offences corresponding with sections 15 to 18 of that Act has asked the National Crime Agency for information in connection with that disclosure, explain—
(i) how the information sought relates to a matter arising from that disclosure,
(ii) why the information is likely to be of substantial value to the authority that made the request in determining any matter in connection with the disclosure, and
(iii) why it is reasonable in all the circumstances for the information to be provided;
(e) confirm that none of the information is expected to be subject to legal privilege; and
(f) propose the terms of the order, including—
(i) how the respondent must provide the information required, and
(ii) the date by which the information must be provided.
(3) Rule 47.8 (Application to vary or discharge an order) does not apply to a further information order.
(4) Paragraph (5) applies where a party to an application for a further information order wants to appeal to the Crown Court from the decision of the magistrates’ court.
(5) The appellant must—
(a) serve an appeal notice—
(i) on the Crown Court officer and on the other party,
(ii) not more than 21 days after the magistrates’ court’s decision; and
(b) in the appeal notice, explain, as appropriate, why the Crown Court should (as the case may be) make, discharge or vary a further information order.
(6) Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.”, and
(iv) for the note to the rule substitute—
“[Note. See sections 22B, 22D and 22E of, and Schedule 5A to, the Terrorism Act 2000.
Under paragraph 9(6) of Schedule 5A to the 2000 Act the applicant for a disclosure order must be an ‘appropriate officer’, as defined by paragraph 5, who is, or who is authorised to apply by, a police officer of at least the rank of superintendent.
Under section 22B(12) of the 2000 Act the applicant for a further information order must be ‘a law enforcement officer’, as defined by section 22B(14), who is, or who is authorised to apply by, a ‘senior law enforcement officer’, defined by section 22B(14) as a police officer of at least the rank of superintendent, the Director General of the National Crime Agency or an officer of that Agency authorised by the Director General for that purpose.
Section 14 of the 2000 Act defines terrorist property as money or other property which is likely to be used for the purposes of terrorism; proceeds of the commission of terrorism; and proceeds of acts carried out for the purposes of terrorism. Sections 15 to 18 of the Act create offences of fund raising for the purposes of terrorism; use or possession of property for the purposes of terrorism; funding terrorism; making an insurance payment in response to a terrorist demand; and facilitating the retention or control of terrorist property.
A disclosure order can require a lawyer to provide a client’s name and address.
Under section 21A of the 2000 Act a person engaged in a business in the regulated sector commits an offence where the conditions listed in that section are met and that person does not disclose, in the manner required by that section, knowledge or a suspicion that another person has committed or attempted to commit an offence under any of sections 15 to 18 in Part III of the Act. Part III of the Act also contains other disclosure provisions.
The Practice Direction sets out forms of application, notice and order for use in connection with this rule.]”;
(d) in rule 47.20 (Content of application for a disclosure order under the Proceeds of Crime Act 2002)—
(i) for the heading to the rule substitute “Content of application for a disclosure order or further information order under the Proceeds of Crime Act 2002”,
(ii) the existing text becomes paragraph (1),
(iii) after paragraph (1) insert—
“(2) As well as complying with rule 47.6, an applicant who wants the court to make a further information order must—
(a) identify the respondent from whom the information is sought and explain—
(i) whether the respondent is the person who made the disclosure to which the information relates or is otherwise carrying on a business in the regulated sector within the meaning of Part 1 of Schedule 9 to the Proceeds of Crime Act 2002, and
(ii) why the applicant thinks that the information is in the possession, or under the control, of the respondent;
(b) specify or describe the information that the applicant wants the respondent to provide;
(c) where the information sought relates to a disclosure of information under Part 7 of the Proceeds of Crime Act 2002 (Money laundering), explain—
(i) how the information sought relates to a matter arising from that disclosure,
(ii) how the information would assist in investigating whether a person is engaged in money laundering or in determining whether an investigation of that kind should be started, and
(iii) why it is reasonable in all the circumstances for the information to be provided;
(d) where the information sought relates to a disclosure made under a requirement of the law of a country outside the United Kingdom which corresponds with Part 7 of the 2002 Act, and an authority in that country which investigates money laundering has asked the National Crime Agency for information in connection with that disclosure, explain—
(i) how the information sought relates to a matter arising from that disclosure,
(ii) why the information is likely to be of substantial value to the authority that made the request in determining any matter in connection with the disclosure, and
(iii) why it is reasonable in all the circumstances for the information to be provided;
(e) confirm that none of the information is expected to be subject to legal privilege; and
(f) propose the terms of the order, including—
(i) how the respondent must provide the information required, and
(ii) the date by which the information must be provided.
(3) Rule 47.8 (Application to vary or discharge an order) does not apply to a further information order.
(4) Paragraph (5) applies where a party to an application for a further information order wants to appeal to the Crown Court from the decision of the magistrates’ court.
(5) The appellant must—
(a) serve an appeal notice—
(i) on the Crown Court officer and on the other party,
(ii) not more than 21 days after the magistrates’ court’s decision; and
(b) in the appeal notice, explain, as appropriate, why the Crown Court should (as the case may be) make, discharge or vary a further information order.
(6) Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.”, and
(iv) for the note to the rule substitute—
“[Note. See sections 339ZH, 339ZJ, 339ZK, 357, 358 and 361 of the Proceeds of Crime Act 2002 and articles 16, 17 and 20 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014.
Where the 2002 Act applies, a Crown Court judge may make a disclosure order for the purposes of a confiscation investigation or a money laundering investigation.
The applicant for a disclosure order must be a ‘relevant authority’ as defined by section 357(7) of the 2002 Act, or an ‘appropriate officer’ as defined by article 2(1) of the 2014 Order where the Order applies. Under section 362(6) of the Act, a relevant authority who under section 357(7) is an ‘appropriate officer’ (as defined by section 378(1), (4) and (5)) may apply only if that person is, or is authorised to do so by, a ‘senior appropriate officer’ (as defined by section 378(2)).
Under section 339ZH(1), (12) the applicant for a further information order must be the Director General of the National Crime Agency or an officer of that Agency authorised by the Director General for that purpose.
A disclosure order can require a lawyer to provide a client’s name and address.
Under sections 330, 331 and 332 in Part 7 of the 2002 Act a person engaged in a business in the regulated sector commits an offence where the conditions listed in any of those sections are met and that person does not disclose, in the manner required by the relevant section, knowledge or a suspicion that another person is engaged in money laundering.
The Practice Direction sets out forms of application, notice and order for use in connection with this rule.]”;
(e) in the note to rule 47.33 (Application for warrant under section 160 of the Extradition Act 2003), omit “The Practice Direction sets out forms of application and warrant for use in connection with this rule.”;
(f) in the note to rule 47.62 (When this Section applies) for “rule 47.61” substitute “rule 47.64”; and
(g) amend the table of contents correspondingly.

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Source: https://www.legislation.gov.uk/uksi/2018/132/article/20 (the official version)
Page: https://openlegislation.uk/criminal-procedure-amendment-rules-2018/article-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.