Production orders under the Proceeds of Crime Act 2002

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

  • Production orders under the Proceeds of Crime Act 2002
  • Production orders
  • The dominant purpose test
  • Application for a production order
  • Duty of candour—without notice applications for a production order
  • Requirements of an order
  • Whether the material is of substantial value to the investigation
  • Using production orders to obtain cash to seize it
  • Effect of an order
  • Execution of a production order
  • More...

Production orders under the Proceeds of Crime Act 2002

Production orders

The purpose of a production order is to obtain material relating to a known person or business, such as bank statements and correspondence. The order requires the person specified to either hand over the material contained in the order to an officer or to grant the officer access to that material. It may be served on a person or institution and can be extended to the grant of entry on to premises to obtain access to the material. A production order is available for all forms of 'investigation', including confiscation, civil recovery, money laundering, exploitation proceeds, detained cash, detained property and frozen funds investigations.

The dominant purpose test

In R (on the application of Bowles) v Southwark Crown Court, (a pre-POCA case), it was held that there was no power to obtain production orders under the predecessor to Proceeds of Crime Act 2002 (POCA 2002) in furtherance of an investigation into a criminal offence, including an offence of money laundering; they could only be used in confiscation investigations. The test was whether the ‘true and dominant’ purpose of the application had been to obtain evidence in furtherance of confiscation investigation; if not, an order under the Police and Criminal Evidence Act 1984 should be sought instead (see Practice Note: Obtaining and executing a search warrant under PACE 1984).

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