Statutory Instruments
2018 No. 93
Proceeds Of Crime, England And Wales
Proceeds Of Crime, Northern Ireland
The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 2018
Made
25th January 2018
Coming into force
31st January 2018
The Attorney General and the Advocate General for Northern Ireland (the “Attorney General”) M1 make this Order in exercise of the powers conferred by section 377A(5) and (9) of the Proceeds of Crime Act 2002 M2 (“the Act”).
The Attorney General has—
under section 377A(9) of the Act, revised M3 the code of practice prepared under section 377A(1) and (2) of the Act in connection with the exercise of functions under Chapter 2 of Part 8 of the Act by the Director of Public Prosecutions, the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland (“the relevant Directors”), and officers of the Serious Fraud Office M4;
in accordance with section 377A(3) of the Act, published a draft of the revised code of practice, considered the representations made about the draft and, as appropriate, amended the draft accordingly; and
in accordance with section 377A(4) of the Act, laid the revised code of practice before Parliament.
In accordance with section 459(6)(aa) M5 of the Act a draft of this Order has been laid before and approved by a resolution of each House of Parliament.
Marginal Citations
M1Section 27 of the Justice (Northern Ireland) Act 2002 (c. 26) provides that the Attorney General for England and Wales is, by virtue of that office, also the Advocate General for Northern Ireland.
M22002 c. 29. Section 377A was inserted by paragraph 115 of Part 4 of Schedule 8 to the Serious Crime Act 2007 (c. 27) and amended by paragraph 24 of Schedule 1 to the Criminal Finances Act 2017 (c. 22) and S.I. 2014/834.
M3The revised code of practice brought into operation by this Order replaces the code of practice brought into operation in relation to England and Wales and Northern Ireland on 1st March 2016 by S.I. 2016/222.
M4Section 7(2)(e) of the Criminal Finances Act 2017 repealed section 357(9) of the Proceeds of Crime Act 2002 referred to in sections 377A(1)(b) and 377A(2)(b) of the Proceeds of Crime Act 2002.
M5Section 459(6)(aa) was inserted by paragraph 119(4) of Part 4 of Schedule 8 to the Serious Crime Act 2007.