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Proceeds of Crime Act 2002

Chapter 1: Investigations
Section 341: Investigations

502.Section 341 defines the types of investigations in respect of which the powers set out in Part 8 may be variously exercised. These are:

  • an investigation into whether a person has benefited from criminal conduct and the extent or whereabouts of his benefit (a confiscation investigation);

  • an investigation into whether property is recoverable property or associated property, who holds the property and its extent or whereabouts (a civil recovery investigation); and

  • an investigation into whether a person has committed a money laundering offence (a money laundering investigation).

503.Subsection (3) precludes the use of the powers for the purposes of a civil recovery investigation if civil recovery proceedings have been started under section 243 or 244, an interim receiving order (interim administration order in Scotland) applies to the property as provided under section 246 or 256, or cash is seized and detained by virtue of sections 294 and 295. Apart from in the context of money laundering investigations, none of the powers under Part 8 is available for use in investigations into criminal offences.

Section 342: Offences of prejudicing investigation

504.This section makes it an offence to prejudice an investigation or prospective investigation by making a disclosure about it or by tampering with evidence relevant to the investigation.

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