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Publication - Consultation paper

Proceeds of Crime Act 2002 powers to execute warrant and orders: revised code of practice consultation

Published
3 November 2023
Directorate
Safer Communities Directorate
Part of
Law and order
ISBN
9781835215630

Consultation on a revised code of practice for Proper Persons in Scotland of powers to execute warrant and orders conferred by chapter 3 of part 8 of the Proceeds of Crime Act 2002, to reflect changes to that Part made by the Economic Crime and Corporate Transparency Act 2023.

View supporting documents Supporting documents

Annex A

Summary of the Investigatory Powers under Chapter 3 of Part 8 of the Proceeds of Crime Act 2002
Purpose of the Order or Warrant Confiscation Investigation - Who can apply for it? Money Laundering Investigation - Who can apply for it? Civil Recovery Investigation - Who can apply for it?
Production Order Obtain material already in existence in control of a known person (e.g., bank statements and correspondence) Procurator fiscal Procurator fiscal The Scottish Ministers
Ancillary Order to Grant Entry Obtain access to premises to give effect to production order granting access to material on those premises Procurator fiscal Procurator fiscal The Scottish Ministers
Search Warrant Search premises and seize material where production order either not complied with or likely to be ineffective Procurator fiscal Procurator fiscal The Scottish Ministers
Customer Information Order Trawl financial institutions for information about particular customer. Procurator fiscal Procurator fiscal The Scottish Ministers
Account Monitoring Order Monitor transactions through a known account for up to 90 days from date of order. Procurator fiscal Procurator fiscal The Scottish Ministers
Purpose of the Order or Warrant Detained Cash Investigation - Who can apply for it? Detained Property Investigation – Who can apply for it? Cryptoasset investigation (under s.341 (3D) POCA/) – Who can apply for it? Frozen Funds Investigation – Who can apply for it?
Production Order Obtain material already in existence in control of a known person (e.g., bank statements and correspondence) The Scottish Ministers The Scottish Ministers The Scottish Ministers The Scottish Ministers
Ancillary Order to Grant Entry Obtain access to premises to give effect to production order granting access to material on those premises The Scottish Ministers The Scottish Ministers The Scottish Ministers The Scottish Ministers
Search Warrant Search premises and seize material where production order either not complied with or likely to be ineffective The Scottish Ministers The Scottish Ministers The Scottish Ministers The Scottish Ministers
Customer Information Order Trawl financial institutions for information about particular customer. N/A N/A N/A N/A
Account Monitoring Order Monitor transactions through a known account for up to 90 days from date of order. N/A N/A N/A N/A

Contact

Email: alan.nicholson@gov.scot

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