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.

F13A

For the purposes of this Part a detained cash investigation is—

a

an investigation for the purposes of Chapter 3 of Part 5 into the derivation of cash detained under section 295 or a part of such cash, or

b

an investigation for the purposes of Chapter 3 of Part 5 into whether cash detained under section 295, 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.

F25

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.