6.17. As well as complying with rule 6.14, an applicant who wants the court to make a disclosure order must—
(a)describe in general terms the information that the applicant wants the respondent to provide;
(b)confirm that none of the information is—
(i)expected to be subject to legal privilege, or
(ii)excluded material;
(c)explain why the information is likely to be of substantial value to the investigation;
(d)explain why it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if it is obtained; and
(e)propose the terms of the order.
[Note. See sections 357, 358 and 361 of the Proceeds of Crime Act 2002 (1).
A Crown Court judge may make a disclosure order for the purposes of a confiscation investigation only.
The applicant for a disclosure order must be a ‘relevant authority’ as defined by section 357(7). In relation to a confiscation investigation, under section 357(2A) the applicant must have been asked to apply by an ‘appropriate officer’ as defined by section 378(1), (4) and (5) of the 2002 Act.
A disclosure order can require a lawyer to provide a client’s name and address.]
2002 c. 29; section 357 was amended by section 74 and 77 of, and paragraphs 103 and 108 of Schedule 8 and paragraphs 1 and 10 of Schedule 10 to, the Serious Crime Act 2007 (c. 27) and section 361 was amended by section 74 of, and paragraphs 103 and 109 of Schedule 8 to, the Serious Crime Act 2007 (c. 27).