POCA Investigation Orders—criminal investigations procedure
POCA Investigation Orders—criminal investigations procedure

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

  • POCA Investigation Orders—criminal investigations procedure
  • Investigatory orders available under POCA 2002, Pt 8
  • Application for an order
  • Exercise of powers in the absence of the parties
  • Application to vary or discharge an order
  • Service of documents on the court

Investigatory orders available under POCA 2002, Pt 8

The orders available under the Part 8 of the Proceeds of Crime Act 2002 (POCA 2002) (investigative orders) are:

  1. search and seizure warrants

  2. a disclosure order

  3. a customer information order

  4. an account monitoring order, and

  5. an unexplained wealth order (UWO) and associated interim freezing order

These are together known as the Part 8 investigatory orders.

Part 8 investigatory orders can be obtained in relation to the following types of investigation:

  1. whether a person has benefited from their criminal conduct, the extent or whereabouts of their benefit from their criminal conduct, the available amount in respect of the person or the extent or whereabouts of realisable property available for satisfying a confiscation order made against them (a confiscation investigation)

  2. 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 (a civil recovery investigation)

  3. the derivation of (any part of any) cash detained under POCA 2002, Pt 5, Chapter 3 or whether detained cash or any part of it is intended by any person to be used in unlawful conduct (a detained cash investigation)

  4. the derivation of (any part of any) property detained under that POCA 2002, Pt 5, Chapter 3A, or