(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.
[F1(3A)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.
[F2(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
F1S. 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)
F2S. 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
I1S. 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)