Part 2 U.K.Investigations, prosecutions, proceedings and proceeds of crime

Chapter 1U.K.Investigatory powers of DPP, etc.

Disclosure noticesE+W+S

63Production of documentsE+W+S

(1)This section applies where a disclosure notice has been given under section 62.

(2)An authorised person may—

(a)take copies of or extracts from any documents produced in compliance with the notice, and

(b)require the person producing them to provide an explanation of any of them.

(3)Documents so produced may be retained for so long as the Investigating Authority considers that it is necessary to retain them (rather than copies of them) in connection with the investigation for the purposes of which the disclosure notice was given.

(4)If the Investigating Authority has reasonable grounds for believing—

(a)that any such documents may have to be produced for the purposes of any legal proceedings, and

(b)that they might otherwise be unavailable for those purposes,

they may be retained until the proceedings are concluded.

(5)If a person who is required by a disclosure notice to produce any documents does not produce the documents in compliance with the notice, an authorised person may require that person to state, to the best of his knowledge and belief, where they are.

(6)In this section “authorised person” means any appropriate person who either—

(a)is the person by whom the notice was given, or

(b)is authorised by the Investigating Authority for the purposes of this section.

(7)This section has effect subject to section 64 (restrictions on requiring information etc.).

Modifications etc. (not altering text)

C1Ss. 60-67 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3

Commencement Information

I1S. 63 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I2S. 63 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)