Account monitoring orders under the Proceeds of Crime Act 2002
Account monitoring orders under the Proceeds of Crime Act 2002

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Account monitoring orders under the Proceeds of Crime Act 2002
  • Account monitoring orders
  • The application
  • Requirements of an order
  • Effect of an order
  • Execution of an account monitoring order
  • Breach of an order

Account monitoring orders

An account monitoring order allows an investigator to monitor the activity of a particular account held at a financial institution for up to 90 days after the order is made. A financial institution means a person carrying on business in the regulated sector. Account monitoring orders are available for the following types of investigation: confiscation, civil recovery, an exploitation proceeds and money laundering investigations. Account monitoring orders are not available for detained cash investigations, detained property investigations or a frozen funds investigations.

The application

Applications for account monitoring orders must be made in accordance with Part 47 of the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) . Regard must also be had to Criminal Practice Directions 2015 (as amended) CPD IX Other Proceedings 47A: Investigation orders and warrants, and CPD IX Other Proceedings 47b: Investigation orders and warrants in the Crown Court.

For information on the general procedure for obtaining investigation orders under the Proceeds of Crime Act 2002 (POCA 2002), including account monitoring orders, see Practice Note: POCA Investigation Orders—criminal investigations procedure.

Applications should be made using the form which accompanies the Criminal Practice Directions.

The application for an account monitoring order must be made by an appropriate officer. In a confiscation investigation, an appropriate officer is:

  1. a National Crime Agency (NCA) officer

  2. an accredited financial investigator

  3. a police constable

  4. an officer of HMRC

  5. an officer

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