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This Order specifies the Director of the Serious Fraud Office as a prosecutor for the purposes of section 357(8)(b) of the Proceeds of Crime Act 2002 (“the Act”).
This has the effect that the Director of the Serious Fraud Office can apply for a disclosure order under section 357(1) of the Act, after receiving a request from an accredited financial investigator conducting a confiscation investigation (see subsection (2A) of that section).
A confiscation investigation is an investigation into whether a person has benefited from his criminal conduct, or the extent or whereabouts of his benefit from his criminal conduct (section 341(1) of the Act).
A disclosure order is an order authorising an appropriate officer to give to any person that officer considers has relevant information with respect to any matter relevant to the investigation for the purposes of which the order is sought, notice in writing requiring the person to answer questions, or provide specified information or produce specified documents, or documents of a specified description (see section 357(4) of the Act).
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Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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