PART 47INVESTIGATION ORDERS AND WARRANTS

SECTION 4: ORDERS UNDER THE PROCEEDS OF CRIME ACT 2002 ETC.

Content of application for a production order47.15

As well as complying with rule 47.14, an applicant who wants the court to make an order for the production of, or access to, material, must—

a

describe that material;

b

explain why the applicant thinks the material is in the respondent’s possession or control;

c

confirm that none of the material is—

i

expected to be subject to legal privilege, or

ii

excluded material;

d

explain why the material is likely to be of substantial value to the investigation;

e

explain why it is in the public interest for the material to be produced, or for the applicant to be given access to it, having regard to—

i

the benefit likely to accrue to the investigation if it is obtained, and

ii

the circumstances in which the respondent has the material; and

f

propose—

i

the terms of the order, and

ii

the period within which it should take effect, if 7 days from the date of the order would not be appropriate.

[Note. See sections 345 to 350 of the Proceeds of Crime Act 2002962and articles 6 to 11 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014963. Under those provisions—

a

‘excluded material’ means the same as under section 11 of the Police and Criminal Evidence Act 1984; and

b

‘legal privilege’ is defined by section 348 of the 2002 Act.

A Crown Court judge may make a production order for the purposes of a confiscation investigation, a money laundering investigation or a detained cash investigation.

The applicant for a production order must be an ‘appropriate officer’ as defined by section 378(1), (4) and (5) of the 2002 Act964.]