Part 8Investigations
C2Chapter 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, F16...
b
the extent or whereabouts of his benefit from his criminal conduct F11, or
c
F8the available amount in respect of the person or the extent or whereabouts of realisable property available for satisfying a confiscation order made in respect of him.
2
F20For 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
F20But 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, F7...
e
property held in an account in relation to which an account freezing order made under section 303Z3 has effect.
F133A
For the purposes of this Part a detained cash investigation is F23 an investigation for the purposes of Chapter 3 of Part 5 into—
F123B
For the purposes of this Part a detained property investigation is an investigation for the purposes of Chapter 3A of Part 5 into—
a
the derivation of property detained under that Chapter, or a part of such property, or
b
whether property detained under that Chapter, or a part of such property, is intended by any person to be used in unlawful conduct.
3C
For the purposes of this Part a frozen funds investigation is an investigation for the purposes of Chapter 3B of Part 5 into—
a
the derivation of money held in an account in relation to which an account freezing order made under section 303Z3 has effect (a “frozen account”) or of a part of such money, or
b
whether money held in a frozen account, or a part of such money, is intended by any person to be used in unlawful conduct.
F153D
For the purposes of this Part a cryptoasset investigation is an investigation for the purposes of Chapter 3C, 3D, 3E or 3F of Part 5 and includes investigation into—
a
the derivation of cryptoassets detained under Chapter 3C (including where the cryptoassets have been converted into money in accordance with Chapter 3F),
b
whether cryptoassets or converted cryptoassets detained under Chapter 3C or 3F are intended by any person to be used in unlawful conduct,
c
the derivation of cryptoassets held in a crypto wallet in relation to which a crypto wallet freezing order made under section 303Z37 has effect (including where the cryptoassets have been converted into money in accordance with Chapter 3F), or
d
whether cryptoassets held in such a wallet are 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.
F65
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.
341AF21Orders and warrants sought for civil recovery investigations
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.
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 F2, a detained cash investigationF19, a detained property investigation, a frozen funds investigationF5, a cryptoasset investigationF4, 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
F18ba
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,
F1bb
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.
F22c
Schedule 9 has effect for determining what is a business in the regulated sector.
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)