Textual Amendments
F1Rule 47.11 cross-heading substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(d)
47.11.—(1) This rule applies where an applicant wants the court to make one of the orders to which rule 47.4(b), (c), (h) or (i) refers.
(2) As well as complying with rule 47.6 (Application for order: general rules)—
(a)an application for an order to which rule 47.4(b) or (c) refers must—
(i)specify the offence under investigation, and
(ii)explain how the investigation constitutes a terrorist investigation or terrorist financing investigation, as appropriate, within the meaning of the Terrorism Act 2000;
(b)an application for an order to which rule 47.4(h) or (i) refers must briefly describe the relevant act under investigation or the relevant investigation taking place; and
(c)the application must—
(i)identify any respondent, and
(ii)give the information required by whichever of rules 47.12 to 47.16 applies.
[Note. ‘Terrorist investigation’ is defined by section 32 of the Terrorism Act 2000, ‘terrorist financing investigation’ by paragraph 4 of Schedule 5A to the 2000 Act and ‘terrorist property’ by section 14 of the 2000 Act.
‘Relevant act’ is defined by paragraph 1(2) of Schedule 2 to the National Security Act 2023. In summary, such an act is (i) an offence of espionage, sabotage or foreign interference in elections, (ii) conduct preparatory to such an offence, and (iii) acts or threats involving serious violence, the endangering of life or the creation of a serious risk to public health or safety where those acts or threats are carried out for a foreign power, or at the instigation or with the assistance of such a power.
The other investigations to which this rule applies are described in paragraph 1 of each of Schedules 3, 4 and 5 of the National Security Act 2023. Each concerns ‘foreign power threat activity’ as defined in section 33 of the Act.]]
Textual Amendments
F2Rule 47.11 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(e)
47.12.—(1) As well as complying with rules 47.6 and 47.11, an applicant who wants the court to make an order under paragraph 5 of Schedule 5 to the Terrorism Act 2000 for the production of, or for giving access to, material, or for a statement of its location, must—
(a)identify the material sought;
(b)explain why the applicant thinks the material is—
(i)in the respondent’s possession, custody or power, or
(ii)expected to come into existence and then to be in the respondent’s possession, custody or power within 28 days of the order;
(c)explain—
(i)how the material consists of or includes excluded material or special procedure material (or, if not yet in existence, will do so), and
(ii)why the material is not expected to include items subject to legal privilege.
(2) An applicant who wants the court to make an order under paragraph 5(5) of Schedule 5 to the 2000 Act to grant entry in aid of a production order must—
(a)specify the premises to which entry is sought; and
(b)explain why the order is needed.
(3) As well as complying with rules 47.6 and 47.11, an applicant who wants the court to make an order under paragraph 3 or paragraph 4 of Schedule 2 to the National Security Act 2023 for the production of, or for giving access to, material, or for a statement of its location must—
(a)identify the material sought;
(b)explain the grounds for suspecting that the material is—
(i)in the respondent’s possession, custody or control, or
(ii)expected to come into existence and then to be in the respondent’s possession, custody or control within 28 days of the order;
(c)explain the grounds for suspecting that the material—
(i)consists of or includes confidential material (or, if not yet in existence, will do so), but
(ii)does not (or will not) include items subject to legal privilege;
(d)explain the grounds for suspecting that—
(i)if the material is in existence, it is likely to be evidence that a relevant act has been, or is about to be, committed, or
(ii)it will be such evidence if the material is likely to come into existence and then to be in the respondent’s possession, custody or power within 28 days of the order;
(4) In each case the application must explain the grounds for believing that—
(a)the material is likely to be of substantial value, whether by itself or with other material, to the investigation; and
(b)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, or is expected to have it.
(5) In each case the applicant must propose—
(a)the terms of the order sought, and
(b)the period within which it should take effect.]
[Note. See paragraphs 5 to 9 of Schedule 5 to the Terrorism Act 2000 (1) [F4and paragraphs 3 to 7 of Schedule 2 to the National Security Act 2023]. The applicant for a production, etc. order [F5under Schedule 5 to the 2000 Act] must be an ‘appropriate officer’ as defined by paragraph 5(6) of that Schedule. Where the applicant is a counter-terrorism financial investigator the application must be for the purposes of an investigation relating to ‘terrorist property’ as defined by section 14 of the 2000 Act. Under paragraphs 5 and 7 of Schedule 5 to that Act a production order may require a specified person—
(a)to produce to an appropriate officer within a specified period for seizure and retention any material which that person has in his or her possession, custody or power and to which the application relates; to give an appropriate officer access to any such material within a specified period; and to state to the best of that person’s knowledge and belief the location of material to which the application relates if it is not in, and it will not come into, his or her possession, custody or power within the period specified; or
(b)where such material is expected to come into existence within the period of 28 days beginning with the date of the order, to notify a named appropriate officer as soon as is reasonably practicable after any material to which the application relates comes into that person’s possession, custody or power, and then to produce that material to an appropriate officer; to give an appropriate officer access to it; and to state to the best of that person’s knowledge and belief the location of material to which the application relates if it is not in, and it will not come into, his or her possession, custody or power within that period of 28 days.
[F6The applicant for a production, etc. order under Schedule 2 to the National Security Act 2023 must be a constable investigating the commission, or anticipated commission, of a relevant act. Under paragraphs 3 and 4 of Schedule 2 to the 2023 Act a production order may impose on a specified person a requirement to produce confidential material to a constable, or to identify the location of such material, or to notify a named constable of the receipt of such material, comparably with those of a requirement imposed under the 2000 Act, described above.
Under paragraph 17 of Schedule 2 to the 2023 Act, ‘confidential material’ means—
(a)material created or acquired for the purposes of journalism which is held in confidence or which the sender of that material to someone else intends the intended recipient to hold in confidence;
(b)items subject to legal privilege within the meaning of section 10 of the Police and Criminal Evidence Act 1984; and
(c)excluded material and special procedure material within the meaning of sections 11 and 14 of the Police and Criminal Evidence Act 1984, other than journalistic material.]
Under paragraph 4 of Schedule 5 to the 2000 Act, ‘legal privilege’, ‘excluded material’ and ‘special procedure material’ mean the same as under sections 10, 11 and 14 of the Police and Criminal Evidence Act 1984.
The period within which an order takes effect must be specified in the order and, unless the court otherwise directs, must be—
(a)where the respondent already has the material, 7 days from the date of the order; or
(b)where the respondent is expected to have the material within 28 days, 7 days from the date the respondent [F7gives notice] of its receipt.
F8....]
Textual Amendments
F3Words in rule 47.12 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(f)(i)
F4Words in rule 47.12 Note inserted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(f)(ii)
F5Words in rule 47.12 Note inserted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(f)(iii)
F6Words in rule 47.12 Note inserted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(f)(iv)
F7Words in rule 47.12 Note substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(f)(v)
F8Words in rule 47.12 Note omitted (2.10.2023) by virtue of The Criminal Procedure (Amendment No.2) Rules 2023 (S.I. 2023/786), rule 1, Sch. para. 59
47.13.—[F10(1) As well as complying with rules 47.6 and 47.11, an applicant who wants the court to make a disclosure order must—
(a)explain, as applicable, the grounds for suspecting that—
(i)a person has committed an offence under any of sections 15 to 18 of the Terrorism Act 2000,
(ii)property specified in the application is terrorist property within the meaning of section 14 of the 2000 Act, or
(iii)money or other property specified in the application is relevant property within the meaning of paragraph 1 of Schedule 3 to the National Security Act 2023;
(b)describe in general terms the information that the applicant wants a person to provide;
(c)explain the grounds for believing that—
(i)information which may be provided is likely to be of substantial value, whether or not by itself, to the investigation, and
(ii)it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if it is obtained; and
(d)propose the terms of the order.]
(2) As well as complying with rule 47.6, an applicant who wants the court to make [F11an] information order must—
(a)identify the respondent from whom the information is sought and explain—
(i)whether the respondent is the person who made the disclosure to which the information relates or is otherwise carrying on a business in the regulated sector within the meaning of Part 1 of Schedule 3A to the 2000 Act(2), and
(ii)why the applicant thinks that the information is in the possession, or under the control, of the respondent;
(b)specify or describe the information that the applicant wants the respondent to provide;
(c)where the information sought relates to a disclosure of information by someone under section 21A of the 2000 Act(3) (Failure to disclose: regulated sector), explain—
(i)how the information sought relates to a matter arising from that disclosure,
(ii)how the information would assist in investigating whether a person is involved in the commission of an offence under any of sections 15 to 18 of that Act(4), or in determining whether an investigation of that kind should be started, or in identifying terrorist property or its movement or use, and
(iii)why it is reasonable in all the circumstances for the information to be provided;
(d)where the information sought relates to a disclosure made under a requirement of the law of a country outside the United Kingdom which corresponds with Part III of the 2000 Act (Terrorist property), and an authority in that country which investigates offences corresponding with sections 15 to 18 of that Act has asked the National Crime Agency for information in connection with that disclosure, explain—
(i)how the information sought relates to a matter arising from that disclosure,
(ii)why the information is likely to be of substantial value to the authority that made the request in determining any matter in connection with the disclosure, and
(iii)why it is reasonable in all the circumstances for the information to be provided;
[F12(e)where the information sought is to assist the National Crime Agency to conduct analysis for the purposes of the Agency’s criminal intelligence function so far as that relates to terrorist financing—
(i)explain how the information would assist the Agency to conduct that analysis,
(ii)demonstrate that the applicant has had regard to the code of practice under section 22F of the 2000 Act, and
(iii)explain why it is reasonable in all the circumstances for the information to be provided;
(f)where the information sought is to assist a financial intelligence unit in a country outside the United Kingdom to conduct analysis concerned with terrorist financing, following a request by that unit to the National Crime Agency—
(i)explain how the information is likely to be of substantial value to that financial intelligence unit in carrying out that analysis,
(ii)demonstrate that the applicant has had regard to the code of practice under section 22F of the 2000 Act, and
(iii)explain why it is reasonable in all the circumstances for the information to be provided; and]
[F13(g)]propose the terms of the order, including—
(i)how the respondent must provide the information required, and
(ii)the date by which the information must be provided.
(3) Rule 47.8 (Application to vary or discharge an order) does not apply to [F14an] information order.
(4) Paragraph (5) applies where a party to an application for [F15an] information order wants to appeal to the Crown Court from the decision of the magistrates’ court.
(5) The appellant must—
(a)serve an appeal notice—
(i)on the Crown Court officer and on the other party,
(ii)not more than 15 business days after the magistrates’ court’s decision; and
(b)in the appeal notice, explain, as appropriate, why the Crown Court should (as the case may be) make, discharge or vary [F16an] information order.
(6) Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.
[F17[Note. See sections 22B, 22D, 22E and 22F of, and Schedule 5A to, the Terrorism Act 2000 and Schedule 3 to the National Security Act 2023.
The applicant for a disclosure order must be—
(a)under the 2000 Act, a constable or a counter-terrorism financial investigator who is, or who is authorised to apply by, a police officer of at least the rank of superintendent;
(b)under the 2023 Act, a police officer of at least the rank of superintendent, a constable authorised by an officer of at least the rank of superintendent, the Director General of the National Crime Agency, or an officer of that Agency authorised by or on behalf of the Director General.
Under section 22B(12) of the 2000 Act—
(a)the applicant for an information order to which paragraph (2)(c) or (d) refers must be ‘a law enforcement officer’, as defined by section 22B(14), who is, or who is authorised to apply by, a ‘senior law enforcement officer’, defined by section 22B(14) as a police officer of at least the rank of superintendent, the Director General of the National Crime Agency or an officer of that Agency authorised by the Director General for that purpose; and
(b)the applicant for an information order to which paragraph (2)(e) or (f) refers must be the Director General of the National Crime Agency or an officer of that Agency authorised by the Director General for that purpose.
Section 14 of the 2000 Act defines terrorist property as money or other property which is likely to be used for the purposes of terrorism; proceeds of the commission of terrorism; and proceeds of acts carried out for the purposes of terrorism. Sections 15 to 18 of the Act create offences of fund raising for the purposes of terrorism; use or possession of property for the purposes of terrorism; funding terrorism; making an insurance payment in response to a terrorist demand; and facilitating the retention or control of terrorist property.
Paragraph 1 of Schedule 3 to the 2023 Act defines ‘relevant property’ as money or other property which is likely to be used for the purposes of foreign power threat activity (as defined by section 33 of the Act) or proceeds of involvement in such activity.
A disclosure order—
(a)cannot require a person to—
(i)answer any question, provide any information or produce any document or other material which the person would be entitled to refuse to answer, provide or produce on grounds of legal professional privilege in the High Court, or
(ii)produce excluded material; but
(b)can require a lawyer to provide a client’s name and address.
Under section 21A of the 2000 Act a person engaged in a business in the regulated sector commits an offence where the conditions listed in that section are met and that person does not disclose, in the manner required by that section, knowledge or a suspicion that another person has committed or attempted to commit an offence under any of sections 15 to 18 in Part III of the Act. Part III of the Act also contains other disclosure provisions.
Under section 22B(6A) and (6B) of the 2000 Act the analysis to assist in which information may be sought may be (i) operational analysis of information that is relevant to a terrorist financing or suspected terrorist financing (defined by section 22B(14) as an act which constitutes an offence under any of sections 15 to 18 of the Act, or under a provision corresponding with an offence under any of those sections), or (ii) strategic analysis identifying trends or patterns in the conduct of terrorist financing, or systemic deficiencies or vulnerabilities which have been, are being or are likely to be, exploited for the purposes of terrorist financing. Section 1 of the Crime and Courts Act 2013 confers functions on the National Crime Agency, including the ‘criminal intelligence function’ defined by section 1(5) of that Act.
Under section 22E of the 2000 Act an information order does not confer the right to require information which a person would be entitled to refuse to provide on grounds of legal professional privilege in proceedings in the High Court.]]
Textual Amendments
F9Rule 47.13 heading substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(g)(i)
F10Rule 47.13(1) substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(g)(ii)
F11Word in rule 47.13(2) substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(g)(iii)
F12Rule 47.13(2)(e)(f) substituted for rule 47.13(2)(e) (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(g)(v)
F13Rule 47.13(2)(f) renumbered as rule 47.13(2)(g) (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(g)(iv)
F14Word in rule 47.13(3) substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(g)(iii)
F15Word in rule 47.13(4) substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(g)(iii)
F16Word in rule 47.13(5) substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(g)(iii)
F17Rule 47.13 Note substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(g)(vi)
Commencement Information
I1Rule 47.13 in force at 5.10.2020, see Preamble
47.14. As well as complying with rules 47.6 and 47.11, an applicant who wants the court to make an explanation order must—
(a)identify the material that the applicant wants the respondent to explain; and
(b)propose the terms of the order.
[Note. See paragraph 13 of Schedule 5 to the Terrorism Act 2000 and paragraph 10 of Schedule 2 to the National Security Act 2023. The applicant for an explanation order may be a constable or, where the application concerns material produced to a counter-terrorism financial investigator, such an investigator.
An explanation order—
(a)cannot require a person to disclose any information which the person would be entitled to refuse to disclose on grounds of legal professional privilege in the High Court; but
(b)can require a lawyer to provide a client’s name and address.]]
Textual Amendments
F18Rule 47.14 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(h)
47.15. As well as complying with rules 47.6 and 47.11, an applicant who wants the court to make a customer information order must—
(a)specify the person in respect of whom customer information is sought;
(b)explain, as applicable—
(i)why the order is desirable for the purposes of a terrorist investigation to trace terrorist property within the meaning of the Terrorism Act 2000, or
(ii)why the order is sought for the purposes of an investigation into foreign power threat activity within the meaning of the National Security Act 2023;
(c)explain how the order will enhance the effectiveness of the investigation; and
(d)propose the terms of the order.
[Note. See Schedule 6 to the Terrorism Act 2000 and Schedule 4 to the National Security Act 2023. The applicant for a customer information order must be—
(a)under the 2000 Act, a police officer of at least the rank of superintendent;
(b)under the 2023 Act, a police officer of at least the rank of superintendent, a constable authorised by an officer of at least the rank of superintendent, the Director General of the National Crime Agency, or an officer of that Agency authorised by or on behalf of the Director General.
‘Customer information’ is defined by paragraph 7 of Schedule 6 to the 2000 Act and paragraph 8 of Schedule 4 to the 2023 Act, each incorporating section 364 of the Proceeds of Crime Act 2002. In summary, such information is whether the individual or corporation named in the order holds or has held an account at the respondent financial institution and, if so, the details listed in section 364 of the 2002 Act.
‘Terrorist property’ is defined by section 14 of the 2000 Act.]]
Textual Amendments
F19Rule 47.15 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(i)
47.16. As well as complying with rules 47.6 and 47.11, an applicant who wants the court to make an account monitoring order must—
(a)specify—
(i)the person in respect of whose account or accounts information is sought,
(ii)the information sought,
(iii)the period during which the applicant wants the respondent to provide that information (to a maximum of 90 days), and
(iv)where, when and in what manner the applicant wants the respondent to provide that information;
(b)explain, as applicable—
(i)why the order is desirable for the purposes of a terrorist investigation to trace terrorist property within the meaning of the Terrorism Act 2000, or
(ii)why the order is sought for the purposes of an investigation into foreign power threat activity within the meaning of the National Security Act 2023;
(c)explain how the order will enhance the effectiveness of the investigation; and
(d)propose the terms of the order.
[Note. See Schedule 6A to the Terrorism Act 2000 and Schedule 5 to the National Security Act 2023. The applicant for an account monitoring order must be—
(a)under the 2000 Act, a police officer or a counter-terrorism financial investigator;
(b)under the 2023 Act, a constable or an officer of the National Crime Agency.
‘Terrorist property’ is defined by section 14 of the 2000 Act.]]
Textual Amendments
F20Rule 47.16 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 12(j)
2000 c. 11; paragraphs 5, 6 and 7 of Schedule 5 were amended by section 65 of, and paragraph 9 of Schedule 4 to, the Courts Act 2003 (c. 39) and section 41 of the Criminal Finances Act 2017 (c. 22).
2000 c. 11; Part 1 of Schedule 3A was inserted by section 3 of, and paragraph 5 of Schedule 2 to, the Anti-terrorism, Crime and Security Act 2001 (c. 24), substituted by article 2 of S.I. 2007/3288 and amended by articles 3 and 6 of, and paragraph 25 of Schedule 1 to, S.I. 2008/948, sections 183 and 237 of, and paragraph 1 of Schedule 18 and Part 29 of Schedule 25 to, the Localism Act 2011 (c. 20), regulation 79 of, and paragraph 3 of Schedule 4 to, S.I. 2011/99, article 2 of S.I. 2011/2701, article 2 of S.I. 2012/2299, article 2 of S.I. 2012/1534, regulation 46 of, and paragraph 40 of Schedule 2 to, S.I. 2013/3115, section 151 of, and paragraph 73 of Schedule 4 to, the Co-operative and Community Benefit Societies Act 2014 (c. 14), regulation 59 of, and paragraph 21 of Schedule 1 to, S.I. 2015/575, regulation 12 of S.I. 2016/680, regulation 2 of, and paragraph 11 of the Schedule to, S.I. 2017/80, regulation 109 of, and paragraph 4 of Schedule 7 to, S.I. 2017/692 and regulation 50 of, and paragraph 6 of Schedule 4 to, S.I. 2017/701.
2000 c. 11; section 21A was inserted by section 3 of, and paragraph 5 of Schedule 2 to, the Anti-terrorism, Crime and Security Act 2001 (c. 24) and amended by regulation 2 of, and paragraphs 1 and 3 of Schedule 1 to, S.I. 2007/3398, section 59 of, and paragraphs 125 and 128 of, the Serious Organised Crime and Police Act 2005 (c. 15) and section 15 of, and paragraphs 67 and 72 of Schedule 8 to, the Crime and Courts Act 2013 (c. 22).
2000 c. 11; section 17A was inserted by section 42 of the Counter-Terrorism and Security Act 2015 (c. 6).