Serious Crime Act 2007

Extension of powers of accredited financial investigators U.K.

78 Powers to seize property to which restraint orders apply E+W+N.I.

(1) In section 45(1) of the Proceeds of Crime Act 2002 (c. 29) (seizure of property to which restraint order applies: England and Wales) after “constable” insert “ , an accredited financial investigator ”.

(2) After section 45(2) of that Act insert—

“(3) The reference in subsection (1) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that subsection by the Secretary of State under section 453.”

(3) In section 194(1) of that Act (seizure of property to which restraint order applies: Northern Ireland) after “constable” insert “ , an accredited financial investigator ”.

(4) After section 194(2) of that Act insert—

“(3) The reference in subsection (1) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that subsection by the Secretary of State under section 453.”

Commencement Information

I1 S. 78 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(e) (with art. 17(2))

79 Powers to recover cash U.K.

Schedule 11 (which gives accredited financial investigators powers to recover cash under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) and makes related amendments) has effect.

Commencement Information

I2 S. 79 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)

80 Powers in relation to certain investigations E+W+N.I.

(1) In section 352(5) of the Proceeds of Crime Act 2002 (search and seizure warrants in connection with confiscation, money laundering and detained cash investigations etc.)—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (c) (as inserted by Schedule 10 to this Act), after “constable” insert “ , an accredited financial investigator ”.

(2) After section 352(6) of that Act insert—

“(7) The reference in paragraph (a) or (c) of subsection (5) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.”

(3) In section 353(10) of that Act (requirements in relation to search and seizure warrants)—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (c) (as inserted by Schedule 10 to this Act), after “constable” insert “ , an accredited financial investigator ”.

(4) After section 353(10) of that Act insert—

“(11) The reference in paragraph (a) or (c) of subsection (10) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.”

(5) In section 356(11)(b) of that Act (as inserted by Schedule 10 to this Act) (further provisions in relation to search and seizure warrants: detained cash investigations) after “constable” insert “ , an accredited financial investigator ”.

(6) After section 356(11) of that Act (as inserted by Schedule 10 to this Act) insert—

“(12) The reference in paragraph (b) of subsection (11) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.”

(7) In section 378(3A) of that Act (as inserted by Schedule 10 to this Act) (meaning of “officers” for purposes of Part 8 in relation to detained cash investigations) after paragraph (a) insert—

“(ab) an accredited financial investigator;”.

(8) After section 378(3A) of that Act (as inserted by Schedule 10 to this Act) insert—

“(3B) The reference in paragraph (ab) of subsection (3A) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.”

Textual Amendments

F1 S. 80(1)(a) omitted (17.7.2013) by virtue of Finance Act 2013 (c. 29), Sch. 48 para. 23

F2 S. 80(3)(a) omitted (17.7.2013) by virtue of Finance Act 2013 (c. 29), Sch. 48 para. 23

Commencement Information

I3 S. 80 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(g)

81 Supplementary provision in relation to new powers U.K.

(1) In section 453(2) of the Proceeds of Crime Act 2002 (c. 29) (power to modify references to accredited financial investigators)—

(a) after “may” insert “ , in particular, ”; and

(b) after “person” insert “ or by reference to particular types of training undertaken ”.

(2) After section 453 of that Act insert—

“453A Certain offences in relation to financial investigators

(1) A person commits an offence if he assaults an accredited financial investigator who is acting in the exercise of a relevant power.

(2) A person commits an offence if he resists or wilfully obstructs an accredited financial investigator who is acting in the exercise of a relevant power.

(3) A person guilty of an offence under subsection (1) is liable on summary conviction—

(a) to imprisonment for a term not exceeding 51 weeks; or

(b) to a fine not exceeding level 5 on the standard scale;

or to both.

(4) A person guilty of an offence under subsection (2) is liable on summary conviction—

(a) to imprisonment for a term not exceeding 51 weeks; or

(b) to a fine not exceeding level 3 on the standard scale;

or to both.

(5) In this section “relevant power” means a power exercisable under—

(a) section 45 or 194 (powers to seize property to which restraint orders apply);

(b) section 289 (powers to search for cash);

(c) section 294 (powers to seize cash);

(d) section 295(1) (power to detain seized cash); or

(e) a search and seizure warrant issued under section 352.

(6) In the application of this section to England and Wales in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), and in the application of this section to Northern Ireland—

(a) the reference to 51 weeks in subsection (3)(a) is to be read as a reference to 6 months; and

(b) the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 1 month.”

Commencement Information

I4 S. 81 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(g)