Disclosure Orders have become an increasingly utilised tool in investigations under the Proceeds of Crime Act (PoCA) 2002. These orders often relate to Account Freezing, Confiscation, or Civil Recovery proceedings, and typically come to the subject's attention upon receiving a notice from the investigating authority.
When an appropriate investigating officer, as defined by PoCA 2002, issues a Disclosure Order, they must provide written notice to those believed to hold relevant information. If you receive this notice, compliance is mandatory – you must furnish the requested information, answer specific questions, or produce documents as required.
Receiving a Disclosure Order does not necessarily mean you are under investigation. It may be that the applicant believes you hold information or documentation relevant to an ongoing investigation. However, expert legal advice is crucial, especially in sensitive cases involving financial information related to family members or business associates. Information or material obtained by investigating authorities can significantly influence the direction of the ongoing investigation.
In civil recovery investigations, the court has discretion in granting a Disclosure Order and must satisfy three key tests:
These criteria are essential for the legality of a Disclosure Order. Legal experts often challenge the basis of these orders, seeking to vary or discharge them if they do not meet PoCA 2002's safeguarding tests.
Interviews are a common component of Disclosure Orders. Representation during these interviews is vital, as misleading the investigative authority is a separate criminal offence. Additionally, the relevance of questions to the investigation can be legally challenged.
Failure to comply with a Disclosure Order can result in imprisonment for up to two years. If ordered to attend an interview under a Disclosure Order, you must answer questions unless you have a reasonable cause. Refusal to answer can lead to criminal charges.