Section 345 Production ordersI1

England, Wales and Northern Ireland

(1)

A judge may, on an application made to him by an appropriate officer, make a production order if he is satisfied that each of the requirements for the making of the order is fulfilled.

(2)

The application for a production order must state that—

(a)

a person specified in the application is subject to a confiscation investigation F1, a civil recovery investigation F2, an exploitation proceeds investigation or a money laundering investigation, or

(b)

property specified in the application is subject to a civil recovery investigation F3, a detained cash investigation, a detained property investigation F4, a frozen funds investigation or a cryptoasset investigation.

(3)

The application must also state that—

(a)

the order is sought for the purposes of the investigation;

(b)

the order is sought in relation to material, or material of a description, specified in the application;

(c)

a person specified in the application appears to be in possession or control of the material.

C1(4)

A production order is an order either—

(a)

requiring the person the application for the order specifies as appearing to be in possession or control of material to produce it to an appropriate officer for him to take away, or

(b)

requiring that person to give an appropriate officer access to the material,

within the period stated in the order.

(5)

The period stated in a production order must be a period of seven days beginning with the day on which the order is made, unless it appears to the judge by whom the order is made that a longer or shorter period would be appropriate in the particular circumstances.

Annotations

Textual amendments

F1: Words in s. 345(2)(a) inserted (1.6.2015 for E.W. for specified purposes, 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 4; S.I. 2015/964, art. 2(d) (with art. 3); S.I. 2017/4, art. 2 (with art. 3)
F2: Words in s. 345(2)(a) inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 19 para. 6 (with s. 180); S.I. 2010/816, art. 2, Sch. para. 18
F3: Words in s. 345(2)(b) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 43; S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(i)
F4: Words in s. 345(2)(b) substituted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 for E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 8(6); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2

Modifications

C1: S. 345(4) modified (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), arts. 1, 3(3)(4), 13(3)(4), 23(3)(4), 24(3)

Commencement

I1: S. 345 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

Notes on Chapter 2

Modifications

C1: Pt. 8 Ch. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)