Article 17 Requirements for making of disclosure orderI1

England, Wales and Northern Ireland

(1)

These are the requirements for the making of a disclosure order.

F1(2)

There must be reasonable grounds for suspecting that—

(a)

the person specified in the application for the order holds property obtained as a result of or in connection with criminal conduct;

(b)

that person has, at any time, held property that was obtained as a result of or in connection with criminal conduct; or

(c)

the property specified in the application for the order is property obtained as a result of or in connection with criminal conduct.

(3)

There must be reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value (whether or not by itself) to the external investigation.

(4)

There must be reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the external investigation if the information is obtained.

Annotations

Textual amendments

F1: Art. 17(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 9

Commencement

I1: Art. 17 in force at 11.11.2013, see art. 1(1)