The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 2021

Statutory Instruments

2021 No. 747

Proceeds Of Crime, England And Wales

Proceeds Of Crime, Northern Ireland

The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 2021

Made

21st June 2021

Coming into force

28th June 2021

The Attorney General and the Advocate General for Northern Ireland (the “Attorney General”)(1) make this Order in exercise of the powers conferred by section 377A(5) and (9) of the Proceeds of Crime Act 2002(2) (“the Act”).

The Attorney General has—

(a) under section 377A(9) of the Act, revised(3) the code of practice prepared under section 377A(1) and (2) of the Act in connection with the exercise of functions under Chapter 2 of Part 8 of the Act by the Director of Public Prosecutions, the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland, and officers of the Serious Fraud Office(4),

(b) in accordance with section 377A(3) of the Act, published a draft of the revised code of practice, considered the representations made about the draft and, as appropriate, amended the draft accordingly, and

(c) in accordance with section 377A(4) of the Act, laid the revised code of practice before Parliament.

In accordance with section 459(6)(aa)(5) of the Act a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Citation and commencement

1.  This Order may be cited as the Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 2021 and comes into force on 28th June 2021.

Revised code of practice

2.  The revised code of practice entitled “Code of Practice issued under section 377A of the Proceeds of Crime Act 2002 Investigative Powers of Prosecutors” laid in draft before Parliament on 22nd March 2021 comes into operation on 28th June 2021.

Revocation

3.  The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 2018(6) is revoked.

Michael Ellis

Attorney General and Advocate General for Northern Ireland

Attorney General’s Office

21st June 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation on 28th June 2021 a revised code of practice prepared by the Attorney General and the Advocate General for Northern Ireland under section 377A of the Proceeds of Crime Act 2002 (“the Act”) in relation to England and Wales and Northern Ireland.

Revisions to the code of practice are necessitated by the commencement in Northern Ireland of amendments made to Chapter 2 of Part 8 of the Act by the Criminal Finances Act 2017 (c. 22).

The revised code of practice relates to the exercise of functions under Chapter 2 of Part 8 of the Act by the Director of Public Prosecutions, the Director of the Serious Fraud Office and the Director of Public Prosecutions for Northern Ireland as well as officers of the Serious Fraud Office.

The code of practice brought into operation by this Order replaces the code of practice that was brought into operation by the Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 2018 (S.I. 2018/93). This Order revokes S.I. 2018/93.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

Section 27 of the Justice (Northern Ireland) Act 2002 (c. 26) provides that the Attorney General for England and Wales is, by virtue of that office, also the Advocate General for Northern Ireland.

(2)

2002 c. 29. Section 377A was inserted by paragraph 115 of Schedule 8 to the Serious Crime Act 2007 (c. 27) and amended by paragraph 24 of Schedule 1 to the Criminal Finances Act 2017 (c. 22) and S.I. 2014/834.

(3)

The revised code of practice brought into operation by this Order replaces the code of practice brought into operation in relation to England and Wales and Northern Ireland on 31st January 2018 by S.I. 2018/93.

(4)

Section 7(2)(e) of the Criminal Finances Act 2017 repealed section 357(9) of the Proceeds of Crime Act 2002 referred to in sections 377A(1)(b) and 377A(2)(b) of that Act.

(5)

Section 459(6)(aa) was inserted by paragraph 119(4) of Schedule 8 to the Serious Crime Act 2007.

(6)

S.I. 2018/93.