The Proceeds of Crime (Northern Ireland) Order 1996

Changes over time for: Section 49

Version Superseded: 07/10/2013

Alternative versions:

Status:

Point in time view as at 01/04/2008. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

The Proceeds of Crime (Northern Ireland) Order 1996, Section 49 is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Additional investigation powersN.I.

49.—(1) If, on an application made by[F1 a senior officer of an enforcement authority], by complaint on oath, a[F2 Crown Court] judge is satisfied—

(a)that[F2 a confiscation investigation] is taking place; and

(b)that the investigation could be more effectively carried out with the participation of a person who is not a police officer[F3 or customs officer] and who is[F4 an accredited financial investigator] named in the application;F5. . .

Sub‐para. (c) rep. by 2002 c. 29

he may authorise that person ( “a financial investigator”) to exercise for the purposes of the investigation the powers conferred by Schedule 2.

[F3(1A) If, on an application made by[F4[F6a senior member of staff of the Serious Organised Crime Agency] or] a senior officer of an enforcement authority by complaint on oath, a[F2 Crown Court] judge is satisfied—

(a)that[F2 a confiscation investigation] is taking place; and

(b)that the investigation could be more effectively carried out if[F4[F7a member of staff of the Agency] or] a person named in the application who is a police officer or customs officer were authorised to exercise for the purposes of the investigation the powers conferred by[F2 paragraph 3A] of Schedule 2;F5. . .

Sub‐para. (c) rep. by 2002 c. 29

he may authorise[F4[F7a member of staff of the Agency] or] that person to exercise, for the purposes of the investigation the powers conferred by[F2 paragraph 3A] of Schedule 2.]

[F8(1B) If, on an application made by [F9a member of staff of the Serious Organised Crime Agency or a relevant Director], a judge of the High Court is satisfied—

(a)that a civil recovery investigation is taking place; and

(b)that the investigation could be more effectively carried out if [F10a member of staff of the Agency or] the Director were authorised to exercise for the purposes of the investigation the powers conferred by paragraph 3A of Schedule 2,

the judge may authorise [F10a member of staff of the Agency or] the Director to exercise those powers for that purpose.]

(2) An application under[F8 this Article] may be made ex parte to a judge in chambers.

(3) Crown Court rules may make provision as to the procedure for applications under paragraph (1)[F3 or (1A)][F8 and rules of court may make provision as to the procedure for applications under paragraph (1B)].

Para. (4) rep. by 2002 c. 29

[F1(5) In this Article—

[F4“accredited financial investigator” has the meaning given by section 3(5) of the Proceeds of Crime Act 2002;
“confiscation investigation” has the same meaning as it has for the purposes of Part 8 of that Act by virtue of section 341(1);]
[F8“civil recovery investigation” has the same meaning as it has for the purposes of Part 8 of that Act by virtue of section 341(2) and (3);]
Definition rep. by 2002 c. 29
“enforcement authority” means—
(a)
the Royal Ulster Constabulary; or
(b)
the Commissioners of Customs and Excise;
“police officer” has the same meaning as in Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989;
[F11“relevant Director” means the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland;]
Definition rep. by 2002 c. 29
[F12“senior member of staff of the Serious Organised Crime Agency” means—
(a)
the Director General of the Serious Organised Crime Agency; or
(b)
any member of staff of the Agency authorised by the Director General (whether generally or specifically) for the purpose of this Article;]
“senior officer of an enforcement authority” means—
(a)
a police officer of at least the rank of superintendent; or
(b)
a customs officer of at least such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank.]