Scope
Part 8 sets out several investigative tools available to appropriate officers and/or relevant authorities in confiscation, civil recovery, detained cash, detained property, frozen funds, cryptoassets, money laundering and exploitation proceeds investigations.
The investigatory powers
The investigatory powers under Part 8 are broad and include:
- Production Orders: requiring production of material or access to the material.
- Orders to Grant Entry: requiring the granting of entry.
- Search and Seizure Warrants: authorising entry to and search of specified premises and seizure and retention of materials.
- Disclosure Orders: authorising the giving of written notice requiring persons to answers questions, provide specified information and/or produce documents.
- Unexplained Wealth Orders: requiring provision of statements setting out the nature and extent of property interests and how those property interests were obtained, as well as the details of any trust/settlement arrangements and other specified information.
- Customer Information Orders: requiring financial institutions to provide specified customer information.
- Account Monitoring Orders: requiring financial institutions to provide specified account information for a specified period.
Venue and Notice
Applications relating to confiscation, detained cash, detained property, frozen funds or money laundering investigations are made to the Crown Court, whereas applications relating to civil recovery or exploitation proceeds investigations are made to the High Court.
All Part 8 applications can be made without notice (ex parte).
Offences
Anyone who knows or suspects an investigation is ongoing or proposed commits an offence if they:
- Make a disclosure which is likely to prejudice the investigation; and/or
- falsify, conceal, destroy or otherwise dispose of documents which are relevant to the investigation or cause or permit the falsification, concealment, destruction or disposal of such documents.
On summary conviction in the Magistrates Court the maximum penalty is a term of imprisonment of up to six months and/or a fine. On Indictment in the Crown Court the maximum penalty is a term of imprisonment of up to five years and/or a fine.
There are also specific offences relating to disclosure orders, unexplained wealth orders and customer information orders and relating to the execution of search and seizure warrants, which each attract substantial custodial sentences or fines.
Code of Practice
The protections afforded to the subjects of investigations under Part 8 of PoCA 2002 are supplemented by the updated statutory Code of Practice issued by the Attorney General for England and Wales pursuant to section 377A of PoCA 2002 ('the Code'). The Code is admissible in evidence in proceedings and a Court may take account of any failure to comply with its provisions in determining any question in proceedings.
How our expert litigators can help
Part 8 investigations are full of complex factual, procedural, tactical and strategic considerations.
We can deploy a multi-disciplinary team of expert lawyers to devise and execute bespoke strategies, tailored to each investigation. We benefit from a wealth of in-house expertise in several disciplines including dispute resolution, criminal defence, proceeds of crime, civil recovery and regulatory. We also enjoy enduring relationships with leading consultants, including specialist fraud barristers, forensic accountants and other industry experts.
Free Initial Discussion
If you have been notified of a Part 8 investigation and wish to discuss your obligations and the strategic options available to you, you should contact us as soon as possible.
We can guide you through the process and limit overreaching on the part of officers and/or relevant authorities. Contact our lawyers by calling us on 0203 987 0222 or complete our enquiry form and one of our team will call you back.
