Part 8Investigations
Chapter 3Scotland
Account monitoring orders
405Requirements 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.
(3)
In the case of a civil recovery investigation, there must be reasonable grounds for suspecting that—
(a)
the property specified in the application for the order is recoverable property or associated property;
(b)
the person specified in the application holds all or some of the 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.