The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors in England, Wales and Northern Ireland: Code of Practice) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation, on the day after the day on which it is made, a code of practice made pursuant to section 377A of the Proceeds of Crime Act 2002 (“the Act”) as to the exercise by prosecutors of functions under Chapter 2 of Part 8 of the Act. The code of practice must be complied with by the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions, the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland, authorised members of their staff, authorised persons providing services under arrangements made by them and other persons specified in Orders made by the Home Secretary, in the exercise of any of their functions under

Chapter 2.Chapter 2 of Part 8 of the Act provides for various orders and warrents to be issued for the purposes of confiscation investigations, money laundering investigations, civil recovery investigations and detained cash investigations. The functions of prosecutors under Chapter 2 are limited to applying for and executing these orders and warrants in civil recovery investigations, and applying for disclosure orders in confiscation investigations at the request of an investigating officer.

This Order brings into operation a single code of practice which applies to prosecutors in England, Wales and Northern Ireland. In relation to Northern Ireland, the code of practice has been prepared by the Attorney General in her capacity as Attorney General for Northern Ireland, and this Order is made in that capacity in accordance with section 377A (10) of the Act.