Section 341: Investigations, Proceeds of Crime Act 2002

For the purposes of this Part a confiscation investigation is an investigation into—

whether a person has benefited from his criminal conduct, ...

the extent or whereabouts of his benefit from his criminal conduct , or

the available amount in respect of the person or the extent or whereabouts of realisable property available for satisfying a confiscation order made in respect of him.

For the purposes of this Part a civil recovery investigation is an investigation for the purpose of identifying recoverable property or associated property and includes investigation into—

whether property is or has been recoverable property or associated property,

who holds or has held property,

what property a person holds or has held, or

the nature, extent or whereabouts of property.

But an investigation is not a civil recovery investigation to the extent that it relates to—

property in respect of which proceedings for a recovery order have been started,

property to which an interim receiving order applies,

property to which an interim administration order applies, ...

property detained under section 295 , 303K or 303L. , ...

property held in an account in relation to which an account freezing order made under section 303Z3 has effect. , or

property detained under Chapter 3C or 3F of Part 5 or property held in an account in relation to which a crypto wallet freezing order made under section 303Z37 has effect.

For the purposes of this Part a detained cash investigation is an investigation for the purposes of Chapter 3 of Part 5 into—

... the derivation of cash detained under that Chapter or a part of such cash, or

... whether cash detained under that Chapter, or a part of such cash, is intended by any person to be used in unlawful conduct.

For the purposes of this Part a detained property investigation is an investigation for the purposes of Chapter 3A of Part 5 into—

the derivation of property detained under that Chapter, or a part of such property, or

whether property detained under that Chapter, or a part of such property, is intended by any person to be used in unlawful conduct.

For the purposes of this Part a frozen funds investigation is an investigation for the purposes of Chapter 3B of Part 5 into—

the derivation of money held in an account in relation to which an account freezing order made under section 303Z3 has effect (a "frozen account") or of a part of such money, or

whether money held in a frozen account, or a part of such money, is intended by any person to be used in unlawful conduct.

For the purposes of this Part a cryptoasset investigation is an investigation for the purposes of Chapter 3C, 3D, 3E or 3F of Part 5 and includes investigation into—

the derivation of cryptoassets detained under Chapter 3C (including where the cryptoassets have been converted into money in accordance with Chapter 3F),

whether cryptoassets or converted cryptoassets detained under Chapter 3C or 3F are intended by any person to be used in unlawful conduct,

the derivation of cryptoassets held in a crypto wallet in relation to which a crypto wallet freezing order made under section 303Z37 has effect (including where the cryptoassets have been converted into money in accordance with Chapter 3F), or

whether cryptoassets held in such a wallet are intended by any person to be used in unlawful conduct.

For the purposes of this Part a money laundering investigation is an investigation into whether a person has committed a money laundering offence.

For the purposes of this Part an exploitation proceeds investigation is an investigation for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) into—

whether a person is a qualifying offender,

whether a person has obtained exploitation proceeds from a relevant offence,

the value of any benefits derived by a person from a relevant offence, or

the available amount in respect of a person.

Paragraphs (a) to (d) are to be construed in accordance with that Part of that Act.

Section 341: Investigations

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