Proceeds of Crime Act 2002

Evidence overseas E+W+N.I.

376 Evidence overseas E+W+N.I.

(1) This section applies if the Director is carrying out a confiscation investigation.

(2) A judge on the application of the Director or a person subject to the investigation may issue a letter of request if he thinks that there is evidence in a country or territory outside the United Kingdom—

(a) that such a person has benefited from his criminal conduct, or

(b) of the extent or whereabouts of that person’s benefit from his criminal conduct.

(3) The Director may issue a letter of request if he thinks that there is evidence in a country or territory outside the United Kingdom—

(a) that a person subject to the investigation has benefited from his criminal conduct, or

(b) of the extent or whereabouts of that person’s benefit from his criminal conduct.

(4) A letter of request is a letter requesting assistance in obtaining outside the United Kingdom such evidence as is specified in the letter for use in the investigation.

F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) [F2 The person issuing a letter of request may send it]

(a) to a court or tribunal which is specified in the letter and which exercises jurisdiction in the place where the evidence is to be obtained, or

(b) to an authority recognised by the government of the country or territority concerned as the appropriate authority for receiving letters of request.

[F3 (7) Alternatively, the person issuing the letter of request may send it to the Secretary of State for forwarding to the court, tribunal or authority mentioned in subsection (6).

(7A) In a case of urgency, the person issuing the letter of request may send it to—

(a) the International Criminal Police Organisation, or

(b) any body or person competent to receive it under any provisions adopted under the Treaty on European Union,

for forwarding to the court, tribunal or authority mentioned in subsection (6).]

(8) Evidence obtained in pursuance of a letter of request must not be used—

(a) by any person other than the Director or a person subject to the investigation;

(b) for any purpose other than that for which it is obtained.

(9) Subsection (8) does not apply if the authority mentioned in subsection (6)(b) consents to the use.

(10) Evidence includes documents and other articles.

(11) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to the issue of letters of request by a judge under this section.

Textual Amendments

F1 S. 376(5) repealed (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 83(a), Sch. 6; S.I. 2004/786, art. 3

F2 Words in s. 376(6) substituted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 83(b); S.I. 2004/786, art. 3(1)(2)

F3 S. 376(7)(7A) substituted for s. 376(7) (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 83(c); S.I. 2004/786, art. 3(1)(2)

Commencement Information

I1 S. 376 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)