- Latest available (Revised)
- Point in Time (09/10/2018)
- Original (As enacted)
Point in time view as at 09/10/2018.
There are currently no known outstanding effects for the Crime and Courts Act 2013, Part 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
24U.K.Part 8 of the Proceeds of Crime Act 2002 (investigations) is amended as follows.
Commencement Information
I1Sch. 19 para. 24 in force at 22.11.2014 for specified purposes by S.I. 2014/3098, art. 3
I2Sch. 19 para. 24 in force at 1.6.2015 for E.W.S. in so far as not already in force by S.I. 2015/964, art. 2(e)
I3Sch. 19 para. 24 in force at 1.2.2017 in so far as not already in force by S.I. 2017/4, art. 2
25U.K.In section 341(3A) (definition of detained cash investigation)—
(a)after “investigation is” insert “ an investigation for the purposes of Chapter 3 of Part 5 into— ”, and
(b)in paragraphs (a) and (b), omit “an investigation for the purposes of Chapter 3 of Part 5 into”.
Extent Information
E1Sch. 19 paras. 25-27 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 7(b)
Commencement Information
I4Sch. 19 para. 25 in force at 1.6.2015 for E.W.S. by S.I. 2015/964, art. 2(e)
I5Sch. 19 para. 25 in force at 1.2.2017 in so far as not already in force by S.I. 2017/4, art. 2
26U.K.In Chapter 2 (England and Wales and Northern Ireland), after section 375 and the heading “Evidence overseas” insert—
(1)This section applies if a person or property is subject to a civil recovery investigation, a detained cash investigation or an exploitation proceeds investigation.
(2)A judge may request assistance under this section if—
(a)an application is made by an appropriate officer or a person subject to the investigation, and
(b)the judge thinks that there is relevant evidence in a country or territory outside the United Kingdom.
(3)The relevant Director or a senior appropriate officer may request assistance under this section if the Director or officer thinks that there is relevant evidence in a country or territory outside the United Kingdom.
(4)The assistance that may be requested under this section is assistance in obtaining outside the United Kingdom relevant evidence specified in the request.
(5)Relevant evidence is—
(a)in relation to an application or request made for the purposes of a civil recovery investigation, evidence relevant for the purpose of identifying recoverable property or associated property, including evidence as to a matter described in section 341(2)(a) to (d);
(b)in relation to an application or request made for the purposes of a detained cash investigation, evidence as to a matter described in section 341(3A)(a) or (b);
(c)in relation to an application or request made for the purposes of an exploitation proceeds investigation, evidence as to a matter described in section 341(5)(a) to (d).
(6)A request for assistance under this section may be sent—
(a)to a court or tribunal which is specified in the request and which exercises jurisdiction in the place where the evidence is to be obtained,
(b)to the government of the country or territory concerned, or
(c)to an authority recognised by the government of the country or territory concerned as the appropriate authority for receiving requests for assistance of that kind.
(7)Alternatively, a request for assistance under this section may be sent to the Secretary of State with a view to it being forwarded to a court, tribunal, government or authority mentioned in subsection (6).
(8)The Secretary of State must forward the request for assistance to the court, tribunal, government or authority.
(9)In a case of urgency, a request for assistance under this section may be sent to—
(a)the International Criminal Police Organisation, or
(b)any person competent to receive it under any provisions adopted under the EU Treaties,
for forwarding to the court, tribunal, government or authority mentioned in subsection (6).
(10)Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to requests for assistance made by a judge under this section.
(11)“Evidence” includes documents, information in any other form and material.
(1)This section applies to evidence obtained by means of a request for assistance under section 375A.
(2)The evidence must not be used for any purpose other than—
(a)for the purposes of the investigation for which it was obtained, or
(b)for the purposes of proceedings described in subsection (3) or any proceedings arising out of such proceedings.
(3)Those proceedings are—
(a)if the request was made for the purposes of a civil recovery investigation, proceedings under Chapter 2 of Part 5 of this Act arising out of the investigation;
(b)if the request was made for the purposes of a detained cash investigation, proceedings under Chapter 3 of Part 5 of this Act arising out of the investigation;
(c)if the request was made for the purposes of an exploitation proceeds investigation, proceedings under Part 7 of the Coroners and Justice Act 2009 arising out of the investigation.
(4)Subsection (2) does not apply if the court, tribunal, government or authority to whom the request for assistance was sent consents to the use.”
Extent Information
E1Sch. 19 paras. 25-27 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 7(b)
Commencement Information
I6Sch. 19 para. 26 in force at 22.11.2014 for specified purposes by S.I. 2014/3098, art. 3
I7Sch. 19 para. 26 in force at 1.6.2015 for E.W.S. in so far as not already in force by S.I. 2015/964, art. 2(e)
I8Sch. 19 para. 26 in force at 1.2.2017 in so far as not already in force by S.I. 2017/4, art. 2
27(1)Section 378 (officers) is amended as follows.U.K.
(2)After subsection (3A) insert—
“(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.”
(3)In subsection (6A)—
(a)after “investigation” insert “—
(a)”, and
(b)at the end insert—
“(b)a senior member of SOCA's staff is a senior appropriate officer.”
Extent Information
E1Sch. 19 paras. 25-27 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 7(b)
Commencement Information
I9Sch. 19 para. 27 in force at 1.6.2015 for E.W.S. by S.I. 2015/964, art. 2(e)
I10Sch. 19 para. 27 in force at 1.2.2017 in so far as not already in force by S.I. 2017/4, art. 2
28U.K.In Chapter 3 (Scotland), after section 408 insert—
(1)This section applies if a person or property is subject to a civil recovery investigation or a detained cash investigation.
(2)A judge of the Court of Session may request assistance under this section if—
(a)an application is made by an appropriate person or a person subject to the investigation, and
(b)the judge thinks that there is relevant evidence in a country or territory outside the United Kingdom.
(3)An appropriate person may request assistance under this section if the person thinks that there is relevant evidence in a country or territory outside the United Kingdom.
(4)The assistance that may be requested under this section is assistance in obtaining outside the United Kingdom relevant evidence specified in the request.
(5)Relevant evidence is—
(a)in relation to an application or request made for the purposes of a civil recovery investigation, evidence relevant for the purpose of identifying recoverable property or associated property, including evidence as to a matter described in section 341(2)(a) to (d);
(b)in relation to an application or request made for the purposes of a detained cash investigation, evidence as to a matter described in section 341(3A)(a) or (b).
(6)A request for assistance under this section may be sent—
(a)to a court or tribunal which is specified in the request and which exercises jurisdiction in the place where the evidence is to be obtained,
(b)to the government of the country or territory concerned, or
(c)to an authority recognised by the government of the country or territory concerned as the appropriate authority for receiving requests for assistance of that kind.
(7)Alternatively, a request for assistance under this section may be sent to the Secretary of State with a view to it being forwarded to a court, tribunal, government or authority mentioned in subsection (6).
(8)The Secretary of State must forward the request for assistance to the court, tribunal, government or authority.
(9)In a case of urgency, a request for assistance under this section may be sent to—
(a)the International Criminal Police Organisation, or
(b)any person competent to receive it under any provisions adopted under the EU Treaties,
for forwarding to the court, tribunal, government or authority mentioned in subsection (6).
(10)Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to requests for assistance made by a judge under this section.
(11)“Evidence” includes documents, information in any other form and material.
(1)This section applies to evidence obtained by means of a request for assistance under section 408A.
(2)The evidence must not be used for any purpose other than—
(a)for the purposes of the investigation for which it was obtained, or
(b)for the purposes of proceedings described in subsection (3) or any proceedings arising out of such proceedings.
(3)Those proceedings are—
(a)if the request was made for the purposes of a civil recovery investigation, proceedings under Chapter 2 of Part 5 of this Act arising out of the investigation;
(b)if the request was made for the purposes of a detained cash investigation, proceedings under Chapter 3 of Part 5 of this Act arising out of the investigation.
(4)Subsection (2) does not apply if the court, tribunal, government or authority to whom the request for assistance was sent consents to the use.
(5)The evidence may be received in evidence without being sworn to by anyone, so far as that may be done without unfairness to any party.”
Commencement Information
I11Sch. 19 para. 28 in force at 22.11.2014 for specified purposes by S.I. 2014/3098, art. 3
I12Sch. 19 para. 28 in force at 1.6.2015 for E.W.S. in so far as not already in force by S.I. 2015/964, art. 2(e)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: