Requirements for making of production orderS
41.—(1) These are the requirements for the making of a production order.
[F1(2) There must be reasonable grounds for suspecting that—
(a)the person the application for the order specifies as being subject to the external investigation holds property obtained as a result of or in connection with criminal conduct;
(b)that person has, at any time, held property that was obtained as a result of or in connection with criminal conduct; or
(c)the property the application for the order specifies as being subject to the external investigation is property obtained as a result of or in connection with criminal conduct.]
(3) There must be reasonable grounds for believing that the person the application specifies as appearing to be in possession or control of the material so specified is in possession or control of it.
(4) There must be reasonable grounds for believing that the material is likely to be of substantial value (whether or not by itself) to the external investigation.
(5) There must be reasonable grounds for believing that it is in the public interest for the material to be produced or for access to it to be given, having regard to—
(a)the benefit likely to accrue to the external investigation if the material is obtained,
(b)the circumstances under which the person the application specifies as appearing to be in possession or control of the material holds it.
Textual Amendments
F1Art. 41(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 17
Commencement Information