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Proceeds of Crime Act 1995

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This is the original version (as it was originally enacted).

11Order to make material available

The following section shall be inserted in the 1988 Act after section 93G—

Investigations into the proceeds of criminal conduct

93HOrder to make material available

(1)A constable may, for the purposes of an investigation into whether any person has benefited from any criminal conduct or into the extent or whereabouts of the proceeds of any criminal conduct, apply to a Circuit judge for an order under subsection (2) below in relation to particular material or material of a particular description.

(2)If, on such an application, the judge is satisfied that the conditions in subsection (4) below are fulfilled, he may make an order that the person who appears to him to be in possession of the material to which the application relates shall—

(a)produce it to a constable for him to take away, or

(b)give a constable access to it,

within such period as the order may specify.

This subsection has effect subject to section 93J(11) below.

(3)The period to be specified in an order under subsection (2) above shall be seven days unless it appears to the judge that a longer or shorter period would be appropriate in the particular circumstances of the application.

(4)The conditions referred to in subsection (2) above are—

(a)that there are reasonable grounds for suspecting that a specified person has benefited from any criminal conduct;

(b)that there are reasonable grounds for suspecting that the material to which the application relates—

(i)is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made; and

(ii)does not consist of or include items subject to legal privilege or excluded material;

and

(c)that there are reasonable grounds for believing that it is in the public interest, having regard—

(i)to the benefit likely to accrue to the investigation if the material is obtained, and

(ii)to the circumstances under which the person in possession of the material holds it,

that the material should be produced or that access to it should be given.

(5)Where the judge makes an order under subsection (2)(b) above in relation to material on any premises he may, on the application of a constable, order any person who appears to him to be entitled to grant entry to the premises to allow a constable to enter the premises to obtain access to the material.

(6)An application under subsection (1) or (5) above may be made ex parte to a judge in chambers.

(7)Provision may be made by Crown Court Rules as to—

(a)the discharge and variation of orders under this section; and

(b)proceedings relating to such orders.

(8)An order of a Circuit judge under this section shall have effect as if it were an order of the Crown Court.

(9)Where the material to which an application under subsection (1) above relates consists of information contained in a computer—

(a)an order under subsection (2)(a) above shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and

(b)an order under subsection (2)(b) above shall have effect as an order to give access to the material in a form in which it is visible and legible.

(10)An order under subsection (2) above—

(a)shall not confer any right to production of, or access to, items subject to legal privilege or excluded material;

(b)shall have effect notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise; and

(c)may be made in relation to material in the possession of an authorised government department;

and in this subsection “authorised government department” means a government department which is an authorised department for the purposes of the [1947 c. 44.] Crown Proceedings Act 1947.

(11)For the purposes of sections 21 and 22 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (access to, and copying and retention of, seized material) material produced in pursuance of an order under subsection (2)(a) above shall be treated as if it were material seized by a constable.

(12)In this section—

(a)“excluded material”, “items subject to legal privilege” and “premises” have the same meanings as in the [1984 c. 60.] Police and Criminal Evidence Act 1984; and

(b)references to a person benefiting from any criminal conduct, in relation to conduct which is not an offence to which this Part of this Act applies but would be if it had occurred in England and Wales, shall be construed in accordance with section 71(4) and (5) above as if it had so occurred.

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