Legislation – The Criminal Procedure Rules 2020
PART 47INVESTIGATION ORDERS AND WARRANTS
ORDERS UNDER THE PROCEEDS OF CRIME ACT 2002
Content of application for a disclosure order or further information order under the Proceeds of Crime Act 200247.20.
(1)
As well as complying with rules 47.6 and 47.17, 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.
(2)
As well as complying with rule 47.6, an applicant who wants the court to make a further information order must—
(a)
identify the respondent from whom the information is sought and explain—
(i)
(ii)
why the applicant thinks that the information is in the possession, or under the control, of the respondent;
(b)
specify or describe the information that the applicant wants the respondent to provide;
(c)
where the information sought relates to a disclosure of information under Part 7 of the Proceeds of Crime Act 2002 (Money laundering), explain—
(i)
how the information sought relates to a matter arising from that disclosure,
(ii)
how the information would assist in investigating whether a person is engaged in money laundering or in determining whether an investigation of that kind should be started, and
(iii)
why it is reasonable in all the circumstances for the information to be provided;
(d)
where the information sought relates to a disclosure made under a requirement of the law of a country outside the United Kingdom which corresponds with Part 7 of the 2002 Act, and an authority in that country which investigates money laundering has asked the National Crime Agency for information in connection with that disclosure, explain—
(i)
how the information sought relates to a matter arising from that disclosure,
(ii)
why the information is likely to be of substantial value to the authority that made the request in determining any matter in connection with the disclosure, and
(iii)
why it is reasonable in all the circumstances for the information to be provided;
(e)
confirm that none of the information is expected to be subject to legal privilege; and
(f)
propose the terms of the order, including—
(i)
how the respondent must provide the information required, and
(ii)
the date by which the information must be provided.
(3)
Rule 47.8 (Application to vary or discharge an order) does not apply to a further information order.
(4)
Paragraph (5) applies where a party to an application for a further information order wants to appeal to the Crown Court from the decision of the magistrates’ court.
(5)
The appellant must—
(a)
serve an appeal notice on the Crown Court officer and on the other party not more than 15 business days after the magistrates’ court’s decision; and
(b)
in the appeal notice, explain, as appropriate, why the Crown Court should (as the case may be) make, discharge or vary a further information order.
(6)
Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.
Where the 2002 Act applies, a Crown Court judge may make a disclosure order for the purposes of a confiscation investigation or a money laundering investigation.
Under section 339ZH(1), (12) the applicant for a further information order must be the Director General of the National Crime Agency or an officer of that Agency authorised by the Director General for that purpose.
A disclosure order can require a lawyer to provide a client’s name and address.
The Practice Direction sets out forms of application, notice and order for use in connection with this rule.]