Search Legislation

Coroners and Justice Act 2009

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Schedule 19

 Help about opening options

Alternative versions:

Changes to legislation:

Coroners and Justice Act 2009, Schedule 19 is up to date with all changes known to be in force on or before 19 March 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. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 169

Schedule 19E+WExploitation proceeds investigations

This schedule has no associated Explanatory Notes

1E+WPart 8 of the Proceeds of Crime Act 2002 (c. 29) (investigations) is amended as follows.

Commencement Information

2E+WIn section 341 (investigations), after subsection (4) add—

(5)For the purposes of this Part an exploitation proceeds investigation is an investigation for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) into—

(a)whether a person is a qualifying offender,

(b)whether a person has obtained exploitation proceeds from a relevant offence,

(c)the value of any benefits derived by a person from a relevant offence, or

(d)the available amount in respect of a person.

Paragraphs (a) to (d) are to be construed in accordance with that Part of that Act.

Commencement Information

3E+WIn section 342 (offences of prejudicing investigation)—

(a)in subsection (1), after “detained cash investigation” insert “ , an exploitation proceeds investigation ”, and

(b)after subsection (3)(ba) insert—

(bb)the disclosure is made in the exercise of a function under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) or in compliance with a requirement imposed under or by virtue of that Act,.

Commencement Information

4E+WIn section 343(3) (judges) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.

Commencement Information

5E+WIn section 344(b) (courts) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.

Commencement Information

6E+WIn section 345(2) (production orders), in paragraph (a) after “confiscation investigation” insert “ , an exploitation proceeds investigation ”.

Commencement Information

7E+WIn section 346 (requirements for making of production order)—

(a)after subsection (2)(c) add—

(d)in the case of an exploitation proceeds investigation, the person the application for the order specifies as being subject to the investigation is within subsection (2A)., and

(b)after subsection (2) insert—

(2A)A person is within this subsection if, for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc), exploitation proceeds have been obtained by the person from a relevant offence by reason of any benefit derived by the person.

This subsection is to be construed in accordance with that Part.

Commencement Information

8E+WIn section 350(5) (government departments), in paragraph (b) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.

Commencement Information

9E+WIn section 351(8) (supplementary) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.

Commencement Information

10E+WIn section 352 (search and seizure warrants)—

(a)in subsection (2)(a), after “confiscation investigation” insert “ , an exploitation proceeds investigation ”, and

(b)after subsection (5)(c) add—

(d)a member of SOCA's staff, if the warrant is sought for the purposes of an exploitation proceeds investigation.

Commencement Information

I10Sch. 19 para. 10 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

11E+WIn section 353 (requirements where production order not available)—

(a)after subsection (2)(c) insert—

(d)in the case of an exploitation proceeds investigation, the person specified in the application for the warrant is within section 346(2A).,

(b)in subsection (5)(a), for “or (8)” substitute “ , (8) or (8A) ”,

(c)after subsection (8) insert—

(8A)In the case of an exploitation proceeds investigation, material falls within this subsection if it cannot be identified at the time of the application but it—

(a)relates to the person specified in the application, the question whether exploitation proceeds have been obtained from a relevant offence in relation to that person, any question as to the extent or whereabouts of any benefit as a result of which exploitation proceeds are obtained or any question about the person's available amount, and

(b)is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

This subsection is to be construed in accordance with Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc).”, and

(d)after subsection (10)(c) add—

(d)a member of SOCA's staff, if the warrant is sought for the purposes of an exploitation proceeds investigation.

Commencement Information

I11Sch. 19 para. 11 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

12E+WIn section 356 (further provision: civil recovery), in subsection (1) after “civil recovery investigations” insert “ or exploitation proceeds investigations ”.

Commencement Information

I12Sch. 19 para. 12 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

13E+WIn section 357 (disclosure orders)—

(a)after subsection (3)(b) add “, or

(c)a person specified in the application is subject to an exploitation proceeds investigation and the order is sought for the purposes of the investigation., and

(b)after subsection (7)(b) add “; and

(c)in relation to an exploitation proceeds investigation, a member of SOCA's staff.

Commencement Information

I13Sch. 19 para. 13 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

14E+WIn section 358(2) (requirements for making of disclosure order) after paragraph (b) add—

(c)in the case of an exploitation proceeds investigation, the person specified in the application for the order is a person within section 346(2A).

Commencement Information

I14Sch. 19 para. 14 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

15E+WIn section 362(5) (supplementary) after “investigation” add “ or an exploitation proceeds investigation ”.

Commencement Information

I15Sch. 19 para. 15 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

16E+WIn section 363(2) (customer information orders), in paragraph (a) after “investigation”, in first place it occurs, insert “ , an exploitation proceeds investigation ”.

Commencement Information

I16Sch. 19 para. 16 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

17E+WIn section 370(2) (account monitoring orders), in paragraph (a) after “confiscation investigation” insert “ , an exploitation proceeds investigation ”.

Commencement Information

I17Sch. 19 para. 17 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

18E+WAfter section 378(6) (officers) insert—

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

Commencement Information

I18Sch. 19 para. 18 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources