The Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and replaces the Orders set out in Schedule 2 of this Order.

This Order provides that references to accredited financial investigators in the Proceeds of Crime Act 2002 (“the Act”), as amended by the Serious Crime Act 2007, are to be read as references to accredited financial investigators within the descriptions specified in this Order. A person may be an accredited financial investigator by reference to their job description, designated grade and/or type of training undertaken by them.

The Order sets out in the first column of Schedule 1 the powers that can be exercised by an accredited financial investigator under the Act. Accredited financial investigators may apply for restraint orders under Parts 2 and 4 of the Act and may seize property to which any such restraint order applies. Accredited financial investigators may also search for, seize, detain and apply for the forfeiture of cash under Chapter 3 of Part 5 of the Act. Before exercising powers of search they must (unless in the circumstances it is impracticable to do so) obtain prior approval from either a judicial officer or a senior officer who must also be an accredited financial investigator. Accredited financial investigators may also apply for orders and warrants in relation to confiscation, money laundering and detained cash investigations under Part 8 for the purpose of, amongst other things, requiring a specified person to produce certain material; permitting the search of and seizure of material from specified premises and requiring a financial institution to provide customer information relating to a specified person. Only an accredited financial investigator who is, depending on the nature of the order or warrant, either an appropriate person, appropriate officer or senior appropriate officer can apply for and/or exercise the powers under such orders and warrants.

The second column of Schedule 2 sets out who is an accredited financial investigator for the purpose of the exercise of these powers. The description of accredited financial investigators is made by reference to their being a member of staff of a particular department/body and for the exercise of certain powers it also includes reference to having attained a minimum post grading and/or having undertaken training provided by the National Policing Improvement Agency on the exercise of those powers.

The following changes of substance have been made to the content of the Orders revoked by this Order:

Column 1 of Schedule 1 specifies a number of new sections that provide for additional functions that can be performed by accredited financial investigators: the seizure of property to which a restraint order applies under Part 2; prior approval for the search of cash under Part 5; search, seizure, detention and application for forfeiture of cash under Part 5 and the application for warrants for the seizure of property in relation to confiscation, money laundering and detained cash investigations under Part 8.

For a person to be an accredited financial investigator for the purposes of these additional functions they would have to have undertaken a training course that includes instruction on the operation of the new sections. This training is provided or approved by the National Policing Improvement Agency.

Column 2 of Schedule 1 specifies a number of additional bodies whose members are deemed to be accredited financial investigators: The Environment and Heritage Service in Northern Ireland, The Gambling Commission, The Gangmasters Licensing Authority, The Intellectual Property Office, The Office of Communications, The Office of Fair Trading and The Vehicle and Operators Services Agency.