Part 8U.K.Investigations

Chapter 2E+W+N.I.England and Wales and Northern Ireland

InterpretationE+W+N.I.

378 OfficersE+W+N.I.

(1)In relation to a confiscation investigation these are appropriate officers—

(a)[F1a member of SOCA's staff ] ;

(b)an accredited financial investigator;

(c)a constable;

(d)a customs officer.

(2)In relation to a confiscation investigation these are senior appropriate officers—

(a)[F2a senior member of SOCA's staff] ;

(b)a police officer who is not below the rank of superintendent;

(c)a customs officer who is not below such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank;

(d)an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State under section 453.

(3)In relation to a civil recovery investigation

[F3—

( a)a member of SOCA's staff or the relevant Director is an appropriate officer;

(b)a senior member of SOCA's staff is a senior appropriate officer.]

[F4(3A)In relation to a detained cash investigation these are appropriate officers—

(a)a constable;

[F5(ab)an accredited financial investigator;]

(b)an officer of Revenue and Customs.]

[F6(3B)The reference in paragraph (ab) of subsection (3A) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.]

(4)In relation to a money laundering investigation these are appropriate officers—

(a)an accredited financial investigator;

(b)a constable;

(c)a customs officer.

(5)For the purposes of section 342, in relation to a money laundering investigation a person authorised for the purposes of money laundering investigations by [F7the Director General of [F8SOCA]] is also an appropriate officer.

(6)In relation to a money laundering investigation these are senior appropriate officers—

(a)a police officer who is not below the rank of superintendent;

(b)a customs officer who is not below such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank;

(c)an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State under section 453.

[F9(6A)In relation to an exploitation proceeds investigation, a member of SOCA's staff is an appropriate officer.]

F10(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(8)For the purposes of this Part a senior member of SOCA's staff is—

(a)the Director General of SOCA; or

(b)any member of SOCA's staff authorised by the Director General (whether generally or specifically) for this purpose.]

Textual Amendments

F1Words in s. 378(1)(a) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 116(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F2Words in s. 378(2)(a) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 116(3); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Commencement Information

I1S. 378 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)