Proceeds of Crime Act 2002

Chapter 1 U.K. Introduction

Modifications etc. (not altering text)

C1 Pt. 8 Ch. 1: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)

341 Investigations U.K.

(1) For the purposes of this Part a confiscation investigation is an investigation into—

(a) whether a person has benefited from his criminal conduct, F1 ...

(b) the extent or whereabouts of his benefit from his criminal conduct[F2 , or

(c) the extent or whereabouts of realisable property available for satisfying a confiscation order made in respect of him.]

(2) [F3 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. ]

[F3 For the purposes of this Part a civil recovery investigation is an investigation for the purpose of identifying recoverable property or associated property and includes investigation into—

(a) whether property is or has been recoverable property or associated property,

(b) who holds or has held property,

(c) what property a person holds or has held, or

(d) the nature, extent or whereabouts of property.]

(3) [F3 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

(c) the property in question is detained under section 295.]

[F3 But an investigation is not a civil recovery investigation to the extent that it relates to—

(a) property in respect of which proceedings for a recovery order have been started,

(b) property to which an interim receiving order applies,

(c) property to which an interim administration order applies, or

(d) property detained under section 295.]

[F4 (3A) For the purposes of this Part a detained cash investigation is [F5 an investigation for the purposes of Chapter 3 of Part 5 into] —

(a) [F6 an investigation for the purposes of Chapter 3 of Part 5 into] the derivation of cash detained under [F7 that Chapter] or a part of such cash, or

(b) [F6 an investigation for the purposes of Chapter 3 of Part 5 into] whether cash detained under [F8 that Chapter], or a part of such cash, is intended by any person to be used in unlawful conduct.]

(4) For the purposes of this Part a money laundering investigation is an investigation into whether a person has committed a money laundering offence.

[F9 (5) For the purposes of this Part an exploitation proceeds investigation is an investigation for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) into—

(a) whether a person is a qualifying offender,

(b) whether a person has obtained exploitation proceeds from a relevant offence,

(c) the value of any benefits derived by a person from a relevant offence, or

(d) the available amount in respect of a person.

Paragraphs (a) to (d) are to be construed in accordance with that Part of that Act.]

Textual Amendments

F1 Word in s. 341(1) omitted (1.3.2016) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 55; S.I. 2016/148, reg. 3(g)

F2 S. 341(1)(c) and word inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 38(1), 88(1); S.I. 2016/148, reg. 3(c)

F3 S. 341(2)(3) substituted (1.6.2015 for E.W.S., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 2; S.I. 2015/964, art. 2(d) (with art. 3); S.I. 2017/4, art. 2 (with art. 3)

F4 S. 341(3A) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 75(1), 94(1); S.I. 2008/755, art. 17(1)(a)

F5 Words in s. 341(3A) inserted (1.6.2015 for E.W.S., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 25(a); S.I. 2015/964, art. 2(e); S.I. 2017/4, art. 2

F6 Words in s. 341(3A)(a)(b) omitted (1.6.2015 for E.W.S., 1.2.2017 in so far as not already in force) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 25(b); S.I. 2015/964, art. 2(e); S.I. 2017/4, art. 2

F7 Words in s. 341(3A)(a) substituted (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 110; S.I. 2015/983, arts. 2(2)(e), 3(hh); S.I. 2016/147, art. 3(j)

F8 Words in s. 341(3A)(b) substituted (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 110; S.I. 2015/983, arts. 2(2)(e), 3(hh); S.I. 2016/147, art. 3(j)

F9 S. 341(5) added (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 19 para. 2 (with s. 180); S.I. 2010/816, art. 2, Sch. para. 18

Commencement Information

I1 S. 341 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

[F10 341A Orders and warrants sought for civil recovery investigations U.K.

Where an application under this Part for an order or warrant specifies property that is subject to a civil recovery investigation, references in this Part to the investigation for the purposes of which the order or warrant is sought include investigation into—

(a) whether a person who appears to hold or to have held the specified property holds or has held other property,

(b) whether the other property is or has been recoverable property or associated property, and

(c) the nature, extent or whereabouts of the other property.]

Textual Amendments

F10 S. 341A inserted (1.6.2015 for E.W.S.) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 3 (which amending provision is extended to N.I. by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), art. 7(b)); S.I. 2015/964, art. 2(d) (with art. 3)

342 Offences of prejudicing investigation U.K.

(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 [F11 , a detained cash investigation ][F12 , an exploitation proceeds 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

[F13 (ba) the disclosure is of a matter within section 333A(2) or (3)(a) (money laundering: tipping off) and the information on which the disclosure is based came to the person in the course of a business in the regulated sector,]

[F14 (bb) the disclosure is made in the exercise of a function under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) or in compliance with a requirement imposed under or by virtue of that Act,]

(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.

[F15 (c) Schedule 9 has effect for determining what is a business in the regulated sector.]

Textual Amendments

F11 Words in s. 342(1) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 10 para. 2; S.I. 2008/755, art. 17(1)(d)(ii)

F12 Words in s. 342(1) inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 19 para. 3(a) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 18

F13 S. 342(3)(ba) inserted (26.12.2007) by Terrorism Act 2000 and Proceeds of Crime Act 2002 (Amendment) Regulations 2007 (S.I. 2007/3398), reg. 1(2), Sch. 2 para. 8(2)

F14 S. 342(3)(bb) inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 19 para. 3(b) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 18

F15 S. 342(8)(c) inserted (26.12.2007) by Terrorism Act 2000 and Proceeds of Crime Act 2002 (Amendment) Regulations 2007 (S.I. 2007/3398), reg. 1(2), Sch. 2 para. 8(3)

Modifications etc. (not altering text)

C2 S. 342 applied (24.2.2003) by Proceeds of Crime Act 2002 (Crown Servants) Regulations 2003 (S.I. 2003/173), regs. 1, 3

Commencement Information

I2 S. 342 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3-6) (as amended (20.2.2003) by S.I. 2003/333, art. 14)