Section 357: Disclosure orders, Proceeds of Crime Act 2002

A judge may, on an application made to him by the relevant authority, make a disclosure order if he is satisfied that each of the requirements for the making of the order is fulfilled.

No application for a disclosure order may be made in relation to a detained cash investigation , a detained property investigation , a frozen funds investigation or a cryptoasset investigation ....

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The application for a disclosure order must state that—

a person specified in the application is subject to a confiscation investigation which is being carried out by an appropriate officer and the order is sought for the purposes of the investigation, or

a person specified in the application or property specified in the application is subject to a civil recovery investigation and the order is sought for the purposes of the investigation, or

a person specified in the application is subject to a money laundering investigation which is being carried out by an appropriate officer and the order is sought for the purposes of the investigation, or

a person specified in the application is subject to an exploitation proceeds investigation and the order is sought for the purposes of the investigation.

A disclosure order is an order authorising an appropriate officer to give to any person the appropriate officer considers has relevant information notice in writing requiring him to do, with respect to any matter relevant to the investigation for the purposes of which the order is sought, any or all of the following—

answer questions, either at a time specified in the notice or at once, at a place so specified;

provide information specified in the notice, by a time and in a manner so specified;

produce documents, or documents of a description, specified in the notice, either at or by a time so specified or at once, and in a manner so specified.

Relevant information is information (whether or not contained in a document) which the appropriate officer concerned considers to be relevant to the investigation.

A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced to him.

In this Part "relevant authority" means—

in relation to a confiscation investigation, an appropriate officer; and

in relation to a civil recovery investigation, a Financial Conduct Authority officer, a National Crime Agency officer , an officer of Revenue and Customs or the relevant Director ; and

in relation to a money laundering investigation, an appropriate officer, and

in relation to an exploitation proceeds investigation, a National Crime Agency officer.

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Section 357: Disclosure orders

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