Proceeds of Crime Act 2002

Changes over time for: Section 378

Version Superseded: 27/04/2017

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Point in time view as at 01/02/2017. This version of this provision has been superseded.

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Proceeds of Crime Act 2002, Section 378 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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378 OfficersE+W+N.I.

This section has no associated Explanatory Notes

(1)In relation to a confiscation investigation these are appropriate officers—

[F1(a)a National Crime Agency officer;]

(b)an accredited financial investigator;

(c)a constable;

[F2(d)an officer of Revenue and Customs;]

[F3(e)an immigration officer.]

(2)In relation to a confiscation investigation these are senior appropriate officers—

[F4(a)a senior National Crime Agency officer;]

(b)a police officer who is not below the rank of superintendent;

(c)[F5an 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;

[F6(ca)an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank;]

(d)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 under section 453.

(3)In relation to a civil recovery investigation

[F7—

(a)a [F8National Crime Agency officer] or the relevant Director is an appropriate officer;

(b)a [F9senior National Crime Agency officer] is a senior appropriate officer.]

[F10(3A)In relation to a detained cash investigation these are appropriate officers—

(a)a constable;

[F11(ab)an accredited financial investigator;]

(b)an officer of Revenue and Customs.

[F12(c)an immigration officer.]]

[F13(3AA)In relation to a detained cash investigation these are senior appropriate officers—

(a)a police officer who is not below the rank of superintendent;

(b)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 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.

[F14(d)an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank.]]

[F15(3B)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 under section 453.]

(4)In relation to a money laundering investigation these are appropriate officers—

(a)an accredited financial investigator;

(b)a constable;

[F16(c)an officer of Revenue and Customs;]

[F17(d)an immigration officer.]

(5)For the purposes of section 342, in relation to a money laundering investigation a person authorised for the purposes of money laundering investigations by [F18the [F19Director General of the National Crime Agency]] is also an appropriate officer.

(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;

(b)[F20an 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;

[F21(ba)an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank;]

(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 under section 453.

[F22(6A)In relation to an exploitation proceeds investigation [F23—

(a)], [F24a National Crime Agency officer] is an appropriate officer.]

[F25(b)a [F26senior National Crime Agency officer] is a senior appropriate officer.]

F27(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28(8)For the purposes of this Part a [F29senior National Crime Agency officer] is—

(a)the [F30Director General of the National Crime Agency]; or

(b)any [F31other National Crime Agency officer] authorised by the Director General (whether generally or specifically) for this purpose.]

Textual Amendments

F1S. 378(1)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 144(2); S.I. 2013/1682, art. 3(v)

F2S. 378(1)(d) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 18(a)

F3S. 378(1)(e) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 55(5)(a), 61(2) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(f)

F4S. 378(2)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 144(3); S.I. 2013/1682, art. 3(v)