Article 3 Scope of Part 1I1

England, Wales and Northern Ireland

(1)

This Part has effect for the purpose of enabling the Director General of NCA F1, a relevant Director or (in relation to an unexplained wealth order or an interim freezing order F2...) an enforcement authority to assist an external investigation by obtaining orders and warrants from the High Court.

(2)

The powers conferred by this Part are exercisable in relation to F3a person or property subject to an external investigation only if the Director General of NCA F4, the relevant Director or (in relation to an unexplained wealth order or an interim freezing order F5...) the enforcement authority believes paragraph (3) applies in relation to—

(a)

the country or territory of the overseas authority carrying out the external investigation, and

(b)

England and Wales or (if the powers are to be exercised in Northern Ireland) Northern Ireland.

(3)

This paragraph applies if—

(a)

a criminal investigation in connection with the F6person or property has not begun,

(b)

a criminal investigation in connection with the F7person or property has begun but it is unlikely criminal proceedings will be brought, or

(c)

criminal proceedings brought in connection with the F8person or property have been concluded without an order having been made in relation to the person or property.

(4)

Criminal proceedings have been concluded when—

(a)

the person against whom the criminal proceedings are brought is acquitted,

(b)

the person against whom the criminal proceedings are brought is pardoned,

(c)

the person against whom the criminal proceedings are brought is convicted and sentenced,

(d)

the person against whom the criminal proceedings are brought is convicted and the conviction is quashed,

(e)

the criminal proceedings are discontinued, or

(f)

any jury is discharged without a finding otherwise than in circumstances where the criminal proceedings are continued without a jury.

F9(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in art. 3(1) substituted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 5(a)
F2: Words in art. 3(1) omitted (28.6.2021) by virtue of The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 40
F3: Words in art. 3(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 3(2)
F4: Words in art. 3(2) substituted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 5(b)
F5: Words in art. 3(2) omitted (28.6.2021) by virtue of The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 40
F6: Words in art. 3(3)(a) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 3(3)(a)
F7: Words in art. 3(3)(b) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 3(3)(b)
F8: Words in art. 3(3)(c) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 3(3)(c)
F9: Art. 3(5) omitted (12.11.2018) by virtue of The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 5(c)

Commencement

I1: Art. 3 in force at 11.11.2013, see art. 1(1)