Part 8

Investigations
Chapter 2

England and Wales and Northern Ireland

Disclosure orders

Requirements for making of disclosure order
358
1
These are the requirements for the making of a disclosure order.
2
There must be reasonable grounds for suspecting that—
a
in the case of a confiscation investigation, the person specified in the application for the order has benefited from his criminal conduct;
b
in the case of a civil recovery investigation—
i
the person specified in the application for the order holds recoverable property or associated property,
ii
that person has, at any time, held property that was recoverable property or associated property at the time, or
iii
the property specified in the application for the order is recoverable property or associated property;
ba
in the case of a money laundering investigation, the person specified in the application for the order has committed a money laundering offence,
c
in the case of an exploitation proceeds investigation, the person specified in the application for the order is a person within section 346(2A).
3
There must be reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the order is sought.
4
There must be reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.
Pt. 8 Ch. 2: 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)
S. 358(2)(c) added (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 19 para. 14 (with s. 180); S.I. 2010/816, art. 2, Sch. para. 18
S. 358(2)(b) substituted (1.6.2015 for E.W., 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. 9; S.I. 2015/964, art. 2(d) (with art. 3); S.I. 2017/4, art. 2 (with art. 3)
S. 358(2)(ba) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 7(3), 58(1)(6); S.I. 2018/78, reg. 3(b); S.I. 2021/724, reg. 2(1)(b)
S. 358 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)