The Proceeds of Crime Act 2002 (External Investigations) Order 2014

PART 5 Account monitoring orders

Account monitoring orders

29.—(1) A judge may, on an application made to the judge by an appropriate officer, make an account monitoring order if the judge is satisfied that each of the requirements for the making of the order is fulfilled.

(2) The application for an account monitoring order must state that—

(a) article 3(2) is satisfied,

(b) the order is sought for the purposes of the external investigation,

(c) the order is sought against the financial institution specified in the application in relation to account information of the description so specified.

(3) Account information is information relating to an account or accounts held at the financial institution specified in the application by the person so specified (whether solely or jointly with another).

(4) The application for an account monitoring order may specify information relating to—

(a) all accounts held by the person specified in the application for the order at the financial institution so specified,

(b) a particular description, or particular descriptions, of accounts so held, or

(c) a particular account, or particular accounts, so held.

(5) An account monitoring order is an order that the financial institution specified in the application for the order must, for the period stated in the order, provide account information of the description specified in the order to an appropriate officer in the manner, and at or by the time or times, stated in the order.

(6) The period stated in an account monitoring order must not exceed the period of 90 days beginning with the day on which the order is made.

Requirements for making of account monitoring order

30.—(1) These are the requirements for the making of an account monitoring order.

(2) There must be reasonable grounds for suspecting that the application relates to an external investigation.

(3) There must be reasonable grounds for believing that—

(a) 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 external investigation, and

(b) it is in the public interest for the account information to be provided, having regard to the benefit likely to accrue to the external investigation if the information is obtained.

Statements

31.—(1) A statement made by a financial institution in response to an account monitoring order may not be used in evidence against it in criminal proceedings.

(2) But paragraph (1) does not apply—

(a) in the case of proceedings under Part 2 or 4 of the Act,

(b) in the case of proceedings for contempt of court, or

(c) on a prosecution for an offence where, in giving evidence, the financial institution makes a statement inconsistent with the statement mentioned in paragraph (1).

(3) A statement may not be used by virtue of paragraph (2)(c) against a financial institution unless—

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of the financial institution in the proceedings arising out of the prosecution.

Applications

32.  An application for an account monitoring order may be made ex parte to a judge in chambers.

Disclosure of information

33.  An account monitoring order has effect in spite of any restriction on the disclosure of information (however imposed).

Supplementary

34.—(1) An application to discharge or vary an account monitoring order may be made to the Crown Court by—

(a) the person who applied for the order,

(b) any person affected by the order.

(2) The Crown Court—

(a) may discharge the order,

(b) may vary the order.

(3) If an appropriate officer applies for an account monitoring order, an application to discharge or vary the order need not be made by the same appropriate officer.

(4) References to a person who applied for an account monitoring order must be construed accordingly.

(5) Account monitoring orders have effect as if they were orders of the Crown Court.