Part 8Investigations
Chapter 1Introduction
I1341 Investigations
1
For the purposes of this Part a confiscation investigation is an investigation into—
a
whether a person has benefited from his criminal conduct, or
b
the extent or whereabouts of his benefit from his criminal conduct.
2
For the purposes of this Part a civil recovery investigation is an investigation into—
a
whether property is recoverable property or associated property,
b
who holds the property, or
c
its extent or whereabouts.
3
But an investigation is not a civil recovery investigation if—
a
proceedings for a recovery order have been started in respect of the property in question,
b
an interim receiving order applies to the property in question,
c
an interim administration order applies to the property in question, or
d
the property in question is detained under section 295.
4
For the purposes of this Part a money laundering investigation is an investigation into whether a person has committed a money laundering offence.
I2C1342 Offences of prejudicing investigation
1
This section applies if a person knows or suspects that an appropriate officer or (in Scotland) a proper person is acting (or proposing to act) in connection with a confiscation investigation, a civil recovery investigation or a money laundering investigation which is being or is about to be conducted.
2
The person commits an offence if—
a
he makes a disclosure which is likely to prejudice the investigation, or
b
he falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, documents which are relevant to the investigation.
3
A person does not commit an offence under subsection (2)(a) if—
a
he does not know or suspect that the disclosure is likely to prejudice the investigation,
b
the disclosure is made in the exercise of a function under this Act or any other enactment relating to criminal conduct or benefit from criminal conduct or in compliance with a requirement imposed under or by virtue of this Act, or
c
he is a professional legal adviser and the disclosure falls within subsection (4).
4
A disclosure falls within this subsection if it is a disclosure—
a
to (or to a representative of) a client of the professional legal adviser in connection with the giving by the adviser of legal advice to the client, or
b
to any person in connection with legal proceedings or contemplated legal proceedings.
5
But a disclosure does not fall within subsection (4) if it is made with the intention of furthering a criminal purpose.
6
A person does not commit an offence under subsection (2)(b) if—
a
he does not know or suspect that the documents are relevant to the investigation, or
b
he does not intend to conceal any facts disclosed by the documents from any appropriate officer or (in Scotland) proper person carrying out the investigation.
7
A person guilty of an offence under subsection (2) is liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, or
b
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.
8
For the purposes of this section—
a
“appropriate officer” must be construed in accordance with section 378;
b
“proper person” must be construed in accordance with section 412.