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(1)A judge may, on an application made to him by [F1the relevant authority], make a disclosure order if he is satisfied that each of the requirements for the making of the order is fulfilled.
(2)No application for a disclosure order may be made in relation to a [F2detained cash investigation or a] money laundering investigation.
[F3(2A)The relevant authority may only make an application for a disclosure order in relation to a confiscation investigation if the relevant authority is in receipt of a request to do so from an appropriate officer.]
(3)The application for a disclosure order must state that—
(a)a person specified in the application is subject to a confiscation investigation which is being carried out by [F4an appropriate officer] and the order is sought for the purposes of the investigation, or
(b)property specified in the application is subject to a civil recovery investigation and the order is sought for the purposes of the investigation [F5, or
(c)a person specified in the application is subject to an exploitation proceeds investigation and the order is sought for the purposes of the investigation.]
(4)A disclosure order is an order authorising [F6an appropriate officer] to give to any person [F7the appropriate officer] considers has relevant information notice in writing requiring him to do, with respect to any matter relevant to the investigation for the purposes of which the order is sought, any or all of the following—
(a)answer questions, either at a time specified in the notice or at once, at a place so specified;
(b)provide information specified in the notice, by a time and in a manner so specified;
(c)produce documents, or documents of a description, specified in the notice, either at or by a time so specified or at once, and in a manner so specified.
(5)Relevant information is information (whether or not contained in a document) which [F8the appropriate officer concerned] considers to be relevant to the investigation.
(6)A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced to him.
[F9(7)In this Part “relevant authority” means—
(a)in relation to a confiscation investigation, a prosecutor; and
(b)in relation to a civil recovery investigation, a [F10National Crime Agency officer] or the relevant Director [F11; and
(c)in relation to an exploitation proceeds investigation, a [F10National Crime Agency officer].]
(8)For the purposes of subsection (7)(a) a prosecutor is—
(a)in relation to a confiscation investigation carried out by a [F10National Crime Agency officer], the relevant Director or any specified person;
(b)in relation to a confiscation investigation carried out by an accredited financial investigator, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person;
(c)in relation to a confiscation investigation carried out by a constable, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Director of the Serious Fraud Office or any specified person; F12...
(d)in relation to a confiscation investigation carried out by an officer of Revenue and Customs, [F13the Director of Public Prosecutions] , the Director of Public Prosecutions for Northern Ireland or any specified person [F14; and—
(e)in relation to a confiscation investigation carried out by an immigration officer, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person].
(9)In subsection (8) “specified person” means any person specified, or falling within a description specified, by an order of the Secretary of State.]
Textual Amendments
F1Words in s. 357(1) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 108(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F2Words in s. 357(2) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 10 para. 10; S.I. 2008/755, art. 17(1)(d)(ii)
F3S. 357(2A) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 108(3); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F4Words in s. 357(3)(a) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 108(4); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F5S. 357(3)(c) and preceding word added (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 19 para. 13(a) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 18
F6Words in s. 357(4) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 108(5)(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F7Words in s. 357(4) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 108(5)(b); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F8Words in s. 357(5) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 108(6); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F9S. 357(7)-(9) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 108(7); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F10Words in s. 357 substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 139; S.I. 2013/1682, art. 3(v)
F11S. 357(7)(c) and preceding word added (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 19 para. 13(b) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 18
F12Word in s. 357(8)(c) omitted (25.6.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 34(a) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(k)
F13Words in s. 357(8)(d) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 27
F14S. 357(8)(e) and word inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 34(b) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(k)
Commencement Information
I1S. 357 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
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