Part 8Investigations
C3Chapter 2England and Wales and Northern Ireland
Interpretation
I1378 Officers
1
In relation to a confiscation investigation these are appropriate officers—
F8a
a National Crime Agency officer;
C4b
an accredited financial investigator;
c
a constable;
F45ca
an SFO officer;
F14d
an officer of Revenue and Customs;
F34e
an immigration officer.
2
In relation to a confiscation investigation these are senior appropriate officers—
F11a
a senior National Crime Agency officer;
b
a police officer who is not below the rank of superintendent;
F37ba
the Director of the Serious Fraud Office;
c
F16an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank;
F32ca
an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank;
3
F46In relation to a civil recovery investigation these are appropriate officers—
a
a National Crime Agency officer;
b
the relevant Director;
c
an officer of Revenue and Customs.
F5d
a Financial Conduct Authority officer.
3ZA
In relation to a civil recovery investigation these are senior appropriate officers—
a
a senior National Crime Agency officer;
b
the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs authorised by the Commissioners (whether generally or specifically) for this purpose.
F38c
a senior Financial Conduct Authority officer.
F73A
In relation to a detained cash investigation these are appropriate officers—
a
a constable;
F24aa
an SFO officer;
C6ab
an accredited financial investigator;
b
an officer of Revenue and Customs.
F26c
an immigration officer.
F313AA
In relation to a detained cash investigation these are senior appropriate officers—
a
a police officer who is not below the rank of superintendent;
F12aa
the Director of the Serious Fraud Office;
C11b
an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State F36or the Welsh Ministers under section 453;
c
an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that rank.
F27d
an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank.
F333B
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 F18or the Welsh Ministers under section 453.
F223C
In relation to a detained property investigation these are appropriate officers—
a
a constable;
b
an SFO officer;
C10c
an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State F13or the Welsh Ministers under section 453;
d
an officer of Revenue and Customs.
3D
In relation to a detained property investigation these are senior appropriate officers—
a
a police officer who is not below the rank of inspector;
b
the Director of the Serious Fraud Office;
C7c
an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State F30or the Welsh Ministers under section 453;
d
an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to the police rank of inspector.
3E
In relation to a frozen funds investigation these are appropriate officers—
a
a constable;
b
an SFO officer;
C9c
an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State F28or the Welsh Ministers under section 453;
d
an officer of Revenue and Customs.
3F
In relation to a frozen funds investigation these are senior appropriate officers—
a
a police officer who is not below the rank of inspector;
b
the Director of the Serious Fraud Office;
C2c
an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State F41or the Welsh Ministers under section 453;
d
an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to the police rank of inspector.
F473G
In relation to a cryptoasset investigation these are appropriate officers—
a
a constable;
b
an SFO officer;
c
an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State or the Welsh Ministers under section 453;
d
an officer of Revenue and Customs.
3H
In relation to a cryptoasset investigation these are senior appropriate officers—
a
a police officer who is not below the rank of inspector;
b
the Director of the Serious Fraud Office;
c
an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State or the Welsh Ministers under section 453;
d
an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for His Majesty’s Revenue and Customs as equivalent to the police rank of inspector.
4
In relation to a money laundering investigation these are appropriate officers—
C1a
an accredited financial investigator;
b
a constable;
F10ba
an SFO officer;
F29c
an officer of Revenue and Customs;
F1d
an immigration officer.
5
6
In relation to a money laundering investigation these are senior appropriate officers—
a
a police officer who is not below the rank of superintendent;
F19aa
the Director of the Serious Fraud Office;
b
F21an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank;
F42ba
an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank;
F26A
In relation to an exploitation proceeds investigation F4—
a
, F23a National Crime Agency officer is an appropriate officer.
F177
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F438
For the purposes of this Part a F39senior National Crime Agency officer is—
a
the F44Director General of the National Crime Agency; or
b
any F25other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose.
F99
For the purposes of this Part—
a
“Financial Conduct Authority officer” means a member of staff of the Financial Conduct Authority;
b
“senior Financial Conduct Authority officer” means a Financial Conduct Authority officer who is not below such grade as is designated by the Treasury for those purposes.
I2379 Miscellaneous
“Document”, “excluded material” and “premises” have the same meanings as in the Police and Criminal Evidence Act 1984 (c. 60) or (in relation to Northern Ireland) the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).
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)