The Crown Court (Amendment) Rules 2003

5.  After Rule 25C, there is inserted—

“Customer information orders under the Proceeds of Crime Act 2002

25D.— (1) Where any person other than the person who applied for the customer information order proposes to make an application under section 369(3) of the Proceeds of Crime Act 2002 for the discharge or variation of a customer information order, he shall, not later than 48 hours before the application is to be made, give a copy of the proposed application—

(a) to a police officer at the police station specified in the customer information order; or

(b) where the application for the customer information order was not made by a constable, to the office of the appropriate officer who made the application, as specified in the customer information order,

in either case together with a notice indicating the time and place at which the application for a discharge or variation is to be made.

(2) In this rule—

“appropriate officer” has the meaning given to it by section 378 of the Proceeds of Crime Act 2002;

references to the person who applied for the customer information order must be construed in accordance with section 369(5) and (6) of the Proceeds of Crime Act 2002.

Proof of identity and accreditation

25E.— (1) This rule applies where—

(a) an appropriate officer makes an application under section 345 (production orders), section 363 (customer information orders) or section 370 (account monitoring orders) of the Proceeds of Crime Act 2002 for the purposes of a confiscation investigation or a money laundering investigation; or

(b) the Director of the Assets Recovery Agency makes an application under section 357 of the Proceeds of Crime Act 2002 (disclosure orders) for the purposes of a confiscation investigation.

(2) Subject to section 449 of the Proceeds of Crime Act 2002 (which makes provision for members of staff of the Assets Recovery Agency to use pseudonyms), the appropriate officer or the Director of the Assets Recovery Agency, as the case may be, must provide the judge with proof of his identity and, if he is an accredited financial investigator, his accreditation under section 3 of the Proceeds of Crime Act 2002.

(3) In this rule—

“appropriate officer” has the meaning given to it by 378 of the Proceeds of Crime Act 2002;

“confiscation investigation” and “money laundering investigation” have the meanings given to them by section 341 of the Proceeds of Crime Act 2002.”.