The Proceeds of Crime Act 2002 ("POCA") contains a comprehensive package of measures to recover the proceeds of crime. This includes powers to require individuals and organisations to provide information that is of significant value to an investigation, or to search for such information under Part 8 of POCA.
The revised Code, issued under section 410 of POCA, provides guidance on the exercise by Proper Persons, as defined at section 412, of functions conferred by Chapter 3 of Part 8 of POCA – i.e. the powers to execute investigatory orders and warrants, namely:
- Production orders (section 380);
- Orders to grant entry (section 382);
- Search warrants (section 387);
- Customer information orders (section 397); and
- Account monitoring orders (section 404).
These functions are necessary to enable the proper person to fully exercise their powers under Part 3 of Chapter 8 of POCA. However, they are subject to certain limits and conditions and accordingly, section 410(1) requires that the Scottish Ministers make a code of practice in connection with the exercise of these powers by proper persons in Scotland.
The code of practice is intended to ensure that the responsibilities of proper persons are clearly set out and accessible.