POCA 2002—external investigations under s 445
Produced in partnership with Quinton Newcomb of Fulcrum Chambers
POCA 2002—external investigations under s 445

The following Corporate Crime guidance note Produced in partnership with Quinton Newcomb of Fulcrum Chambers provides comprehensive and up to date legal information covering:

  • POCA 2002—external investigations under s 445
  • POCA External Investigations Orders 2013 and 2014
  • Making a request for assistance in an overseas investigation
  • Scope of powers
  • Investigatory orders available in respect of external investigations
  • Recovery of listed assets, cash and money in bank accounts in external investigations
  • Procedural rules
  • Offences in relation to external investigations
  • Impact on the existing mutual legal assistance regime

Sections 444 and 445 of the Proceeds of Crime Act 2002 (POCA 2002), provide the power to implement secondary legislation for the purposes of giving effect to requests from overseas authorities for assistance in identifying, recovering, investigating, freezing, confiscating and forfeiting etc the proceeds of crime. For an introduction to the power to create secondary legislation under these provisions, and the secondary legislation implemented pursuant to them, see Practice Note: POCA 2002—external investigations, requests and orders—introduction.

This Practice Note is concerned with the secondary legislation created under POCA 2002, s 445.

For detailed information on mutual legal assistance available under POCA 2002, s 444 in specific contexts, see Practice Notes: Mutual legal assistance—civil recovery and Mutual legal assistance—restraint and confiscation. See also Practice Note: Mutual legal assistance—forms of assistance.

POCA External Investigations Orders 2013 and 2014

The provisions in Proceeds of Crime Act 2002 (External Investigations) Order 2013 (2013 Order), SI 2013/2605, Pt 1 and the Proceeds of Crime Act 2002 (External Investigations) Order 2014 (2014 Order), SI 2014/1893 (together, the Orders) have effect for the purpose of enabling the authorities to assist an external investigation by obtaining orders and warrants from the High Court and Crown Court, respectively. The respective orders provide for assistance to overseas authorities’ investigations into the equivalent of the following in the UK:

  1. 2013 Order, SI 2013/2605—civil recovery (independent of criminal