Part 8Investigations
C2Chapter 2England and Wales and Northern Ireland
Account monitoring orders
I6370C2 Account monitoring orders
1
A judge may, on an application made to him by an appropriate officer, make an account monitoring order if he is satisfied that each of the requirements for the making of the order is fulfilled.
F91A
2
The application for an account monitoring order must state that—
a
F5b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The application must also state that—
a
the order is sought for the purposes of the investigation;
b
the order is sought against the financial institution specified in the application in relation to account information of the description so specified.
4
Account information is information relating to an account or accounts held at the financial institution specified in the application by the person so specified (whether solely or jointly with another).
5
The application for an account monitoring order may specify information relating to—
a
all accounts held by the person specified in the application for the order at the financial institution so specified,
b
a particular description, or particular descriptions, of accounts so held, or
c
a particular account, or particular accounts, so held.
C12C9C4C76
An account monitoring order is an order that the financial institution specified in the application for the order must, for the period stated in the order, provide account information of the description specified in the order to an appropriate officer in the manner, and at or by the time or times, stated in the order.
7
The period stated in an account monitoring order must not exceed the period of 90 days beginning with the day on which the order is made.
I3371C2 Requirements for making of account monitoring order
1
These are the requirements for the making of an account monitoring order.
2
In the case of a confiscation investigation, there must be reasonable grounds for suspecting that the person specified in the application for the order has benefited from his criminal conduct.
F113A
In the case of a civil recovery investigation, there must be reasonable grounds for suspecting that the person specified in the application holds recoverable property or associated property.
4
In the case of a money laundering investigation, there must be reasonable grounds for suspecting that the person specified in the application for the order has committed a money laundering offence.
5
In the case of any investigation, there must be reasonable grounds for believing that account information which may be provided in compliance with the order is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the order is sought.
6
In the case of any investigation, there must be reasonable grounds for believing that it is in the public interest for the account information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.
I2C5C8C10C1372C2 Statements
1
A statement made by a financial institution in response to an account monitoring order may not be used in evidence against it in criminal proceedings.
2
But subsection (1) does not apply—
a
in the case of proceedings under Part 2 or 4,
b
in the case of proceedings for contempt of court, or
c
on a prosecution for an offence where, in giving evidence, the financial institution makes a statement inconsistent with the statement mentioned in subsection (1).
3
A statement may not be used by virtue of subsection (2)(c) against a financial institution unless—
a
evidence relating to it is adduced, or
b
a question relating to it is asked,
by or on behalf of the financial institution in the proceedings arising out of the prosecution.
I1373C2 Applications
An application for an account monitoring order may be made ex parte to a judge in chambers.
I4C3C11C13C6374C2 Disclosure of information
An account monitoring order has effect in spite of any restriction on the disclosure of information (however imposed).
I5375C2 Supplementary
1
Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to account monitoring orders.
2
An application to discharge or vary an account monitoring order may be made to the court by—
a
the person who applied for the order;
b
any person affected by the order.
3
The court—
a
may discharge the order;
b
may vary the order.
F44
An application to discharge or vary an account monitoring order need not be made by the same appropriate officer that applied for the order (but must be made by an appropriate officer of the same description).
4A
If the application for the order was, by virtue of an order under section 453, made by an accredited financial investigator of a particular description, the reference in subsection (4) to an appropriate officer of the same description is to another accredited financial investigator of that description.
5
References to a person who applied for an account monitoring order must be construed accordingly.
6
Account monitoring orders have effect as if they were orders of the court.
7
This section does not apply to orders made in England and Wales for the purposes of a civil recovery investigation.
C2375AC2F6Evidence overseas
1
2
A judge may request assistance under this section if—
a
an application is made by an appropriate officer or a person subject to the investigation, and
b
the judge thinks that there is relevant evidence in a country or territory outside the United Kingdom.
3
The relevant Director or a senior appropriate officer may request assistance under this section if the Director or officer thinks that there is relevant evidence in a country or territory outside the United Kingdom.
4
The assistance that may be requested under this section is assistance in obtaining outside the United Kingdom relevant evidence specified in the request.
5
Relevant evidence is—
a
in relation to an application or request made for the purposes of a civil recovery investigation, evidence relevant for the purpose of identifying recoverable property or associated property, including evidence as to a matter described in section 341(2)(a) to (d);
b
in relation to an application or request made for the purposes of a detained cash investigation, evidence as to a matter described in section 341(3A)(a) or (b);
F3ba
in relation to an application or request made for the purposes of a detained property investigation, evidence as to a matter described in section 341(3B)(a) or (b);
bb
in relation to an application or request made for the purposes of a frozen funds investigation, evidence as to a matter described in section 341(3C)(a) or (b);
F15bc
in relation to an application or request made for the purposes of a cryptoasset investigation, evidence as to a matter described in section 341(3D)(a) to (d);
c
in relation to an application or request made for the purposes of an exploitation proceeds investigation, evidence as to a matter described in section 341(5)(a) to (d).
6
A request for assistance under this section may be sent—
a
to a court or tribunal which is specified in the request and which exercises jurisdiction in the place where the evidence is to be obtained,
b
to the government of the country or territory concerned, or
c
to an authority recognised by the government of the country or territory concerned as the appropriate authority for receiving requests for assistance of that kind.
7
Alternatively, a request for assistance under this section may be sent to the Secretary of State with a view to it being forwarded to a court, tribunal, government or authority mentioned in subsection (6).
8
The Secretary of State must forward the request for assistance to the court, tribunal, government or authority.
9
In a case of urgency, a request for assistance under this section may be sent to—
a
the International Criminal Police Organisation, F1...
F1b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for forwarding to the court, tribunal, government or authority mentioned in subsection (6).
10
Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to requests for assistance made by a judge under this section.
11
“Evidence” includes documents, information in any other form and material.
375BC2Evidence overseas: restrictions on use
1
This section applies to evidence obtained by means of a request for assistance under section 375A.
2
The evidence must not be used for any purpose other than—
a
for the purposes of the investigation for which it was obtained, or
b
for the purposes of proceedings described in subsection (3) or any proceedings arising out of such proceedings.
3
Those proceedings are—
a
if the request was made for the purposes of a civil recovery investigation, proceedings under Chapter 2 of Part 5 of this Act arising out of the investigation;
b
if the request was made for the purposes of a detained cash investigation, proceedings under Chapter 3 of Part 5 of this Act arising out of the investigation;
F10ba
if the request was made for the purposes of a detained property investigation, proceedings under Chapter 3A of Part 5 of this Act arising out of the investigation;
bb
if the request was made for the purposes of a frozen funds investigation, proceedings under Chapter 3B of Part 5 of this Act arising out of the investigation;
F16bc
if the request was made for the purposes of a cryptoasset investigation, proceedings under Chapter 3C, 3D, 3E or 3F of Part 5 of this Act arising out of the investigation;
c
if the request was made for the purposes of an exploitation proceeds investigation, proceedings under Part 7 of the Coroners and Justice Act 2009 arising out of the investigation.
4
Subsection (2) does not apply if the court, tribunal, government or authority to whom the request for assistance was sent consents to the use.
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)