Amendments to the Proceeds of Crime Act 2002
This section has no associated Explanatory Memorandum
2.—(1) The Proceeds of Crime Act 2002() is amended as follows.
(2) In subsection (3) of section 341 (investigations)(), after paragraph (d) omit “or” and after paragraph (e) insert ““, or
(f)property detained under Chapter 3C or 3F of Part 5 or property held in an account in relation to which a crypto wallet freezing order made under section 303Z37 has effect.”.
(3) In section 352 (search and seizure warrants)()—
(a)in subsection (3)(c), after “(7B)” insert “, (7C), (7D), (7E), (7F), (7G), (7H)”;
(b)in subsection (5), after paragraph (cb) insert—
“(cc)a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a cryptoasset investigation;”;
(c)in subsection (7), for “and (cb)” substitute “, (cb) and (cc)”.
(4) In section 353 (requirements where production order not available)()—
(a)in subsection (5)(a), after “(7F),” insert “(7G), (7H),”;
(b)after subsection (7F) insert—
“(7G) In the case of a cryptoasset investigation into the derivation of cryptoassets or converted cryptoassets, material falls within this subsection if it cannot be identified at the time of the application but it—
(a)relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and
(b)is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.
(7H) In the case of a cryptoasset investigation into the intended use of cryptoassets or converted cryptoassets, material falls within this subsection if it cannot be identified at the time of the application but it—
(a)relates to property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and
(b)is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.”;
(c)in subsection (10), after paragraph (cb) insert—
“(cc)a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a cryptoasset investigation;”;
(d)in subsection (11), for “and (cb)” substitute “, (cb) and (cc)”.
(5) In subsection (2) of section 387 (search warrants)(), for “or a frozen funds investigation,” substitute “, a frozen funds investigation or a cryptoasset investigation,”.
(6) In section 388 (requirements where production order not available)()—
(a)in subsection (5)(a), after “(7F)” insert “, (7G), (7H)”;
(b)after subsection (7F) insert—
“(7G) In the case of a cryptoasset investigation into the derivation of cryptoassets or converted cryptoassets, material falls within this subsection if it cannot be identified at the time of the application but it—
(a)relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and
(b)is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.
(7H) In the case of a cryptoasset investigation into the intended use of cryptoassets or converted cryptoassets, material falls within this subsection if it cannot be identified at the time of the application but it—
(a)relates to property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and
(b)is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.”.