Part 8Investigations
C1Chapter 2England and Wales and Northern Ireland
Disclosure orders
I1357 Disclosure orders
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
F162A
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 F2an appropriate officer and the order is sought for the purposes of the investigation, or
b
F17ba
a person specified in the application is subject to a money laundering investigation which is being carried out by an appropriate officer and the order is sought for the purposes of the investigation, 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 F3an appropriate officer to give to any person F4the 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 F5the 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.
F67
In this Part “relevant authority” means—
b
F19ba
in relation to a money laundering investigation, an appropriate officer, and
c
in relation to an exploitation proceeds investigation, a F12National Crime Agency officer.
8
F20For the purposes of subsection (7)(a) a prosecutor is—
a
in relation to a confiscation investigation carried out by a F12National 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; F10...
d
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
F20In subsection (8)
“specified person” means any person specified, or falling within a description specified, by an order of the Secretary of State.
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)