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Criminal Finances Act 2017

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This is the original version (as it was originally enacted).

Assault and obstruction offences

22Search and seizure warrants: assault and obstruction offences

After section 356 of the Proceeds of Crime Act 2002 (and before the italic heading before section 357) insert—

356ACertain offences in relation to execution of search and seizure warrants

(1)A person commits an offence if the person assaults an appropriate person who is acting in the exercise of a power conferred by a search and seizure warrant issued under section 352.

(2)A person commits an offence if the person resists or wilfully obstructs an appropriate person who is acting in the exercise of a power conferred by a search and seizure warrant issued under section 352.

(3)A person guilty of an offence under subsection (1) is liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine, or to both;

(b)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.

(4)A person guilty of an offence under subsection (2) is liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 3 on the standard scale, or to both;

(b)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both.

(5)An appropriate person is—

(a)a National Crime Agency officer, a Financial Conduct Authority officer or a member of the staff of the relevant Director, if the warrant was issued for the purposes of a civil recovery investigation;

(b)a National Crime Agency officer, if the warrant was issued for the purposes of an exploitation proceeds investigation.

(6)In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales)—

(a)the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months;

(b)the reference in subsection (4)(a) to 51 weeks is to be read as a reference to 1 month.

23Assault and obstruction offence in relation to SFO officers

After section 453A of the Proceeds of Crime Act 2002 insert—

453BCertain offences in relation to SFO officers

(1)A person commits an offence if the person assaults an SFO officer who is acting in the exercise of a relevant power.

(2)A person commits an offence if the person resists or wilfully obstructs an SFO officer who is acting in the exercise of a relevant power.

(3)A person guilty of an offence under subsection (1) is liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine, or to both;

(b)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.

(4)A person guilty of an offence under subsection (2) is liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 3 on the standard scale, or to both;

(b)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both.

(5)In this section “relevant power” means a power exercisable under any of the following—

(a)sections 47C to 47F or 195C to 195F (powers to seize and search for realisable property);

(b)section 289 (powers to search for cash);

(c)section 294 (power to seize cash);

(d)section 295(1) (power to detain seized cash);

(e)section 303C (powers to search for a listed asset);

(f)section 303J (powers to seize property);

(g)section 303K (powers to detain seized property);

(h)a search and seizure warrant issued under section 352.

(6)In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales)—

(a)the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months;

(b)the reference in subsection (4)(a) to 51 weeks is to be read as a reference to 1 month.

24External requests, orders and investigations

(1)Part 11 of the Proceeds of Crime Act 2002 (co-operation) is amended as follows.

(2)In section 444 (external requests and orders), in subsection (3), after paragraph (a) insert—

(aa)provision creating offences in relation to external requests and orders which are equivalent to the offences created by section 453B;.

(3)In section 445 (external investigations), in subsection (1)(b), after “Part 8” insert “and section 453B”.

25Obstruction offence in relation to immigration officers

After section 453B of the Proceeds of Crime Act 2002 (inserted by section 23 above) insert—

453CObstruction offence in relation to immigration officers

(1)A person commits an offence if the person resists or wilfully obstructs an immigration officer who is acting in the exercise of a relevant power.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 3 on the standard scale, or to both;

(b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding level 3 on the standard scale, or to both;

(c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, to a fine not exceeding level 3 on the standard scale, or to both.

(3)In this section “relevant power” means a power exercisable under—

(a)sections 47C to 47F, 127C to 127F or 195C to 195F (powers to seize and search for realisable property);

(b)section 289 as applied by section 24 of the UK Borders Act 2007 (powers to search for cash);

(c)section 294 as so applied (powers to seize cash);

(d)section 295(1) as so applied (power to detain seized cash);

(e)section 303C as so applied (powers to search for a listed asset);

(f)section 303J as so applied (powers to seize property);

(g)section 303K as so applied (powers to detain seized property);

(h)a search and seizure warrant issued under section 352; or

(i)a search and seizure warrant issued under section 387.

(4)The power conferred by subsection (5) of section 28A of the Immigration Act 1971 (arrest without warrant) applies in relation to an offence under this section as it applies in relation to an offence under section 26(1)(g) of that Act (and subsections (6) to (9), (10) and (11) of section 28A of that Act apply accordingly).

(5)In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) the reference in subsection (2)(a) to 51 weeks is to be read as a reference to 1 month.

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