Law

Proceeds of Crime Act 2002

United Kingdom · statute

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In force since 2026-06-30, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 824 provisions

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824 provisions

373 Applications

An application for an account monitoring order may be made ex parte to a judge in chambers.

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374 Disclosure of information

An account monitoring order has effect in spite of any restriction on the disclosure of information (however imposed).

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375 Supplementary

(1) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to account monitoring orders. (2) An application to discharge or vary an account monitoring order may be made to the court by— (a) the person who applied for the order; (b) any person affected by the order. (3) The court— (a) may discharge the order; (b) may vary the order. (4) An application to discharge or vary an account monitoring order need not be made by the same appropriate officer that applied for the order (but must be made by an appropriate officer of the same description). (4A) If the application for the order was, by virtue of an order under section 453, made by an accredited financial investigator of a particular description, the reference in subsection (4) to an appropriate officer of the same description is to another accredited financial investigator of that description. (5) References to a person who applied for an account monitoring order must be construed accordingly. (6) Account monitoring orders have effect as if they were orders of the court. (7) This section does not apply to orders made in England and Wales for the purposes of a civil recovery investigation.

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375A Evidence overseas

(1) This section applies if a person or property is subject to a civil recovery investigation, a detained cash investigation , a detained property investigation, a frozen funds investigation , a cryptoasset investigation or an exploitation proceeds investigation. (2) A judge may request assistance under this section if— (a) an application is made by an appropriate officer or a person subject to the investigation, and (b) the judge thinks that there is relevant evidence in a country or territory outside the United Kingdom. (3) The relevant Director or a senior appropriate officer may request assistance under this section if the Director or officer thinks that there is relevant evidence in a country or territory outside the United Kingdom. (4) The assistance that may be requested under this section is assistance in obtaining outside the United Kingdom relevant evidence specified in the request. (5) Relevant evidence is— (a) in relation to an application or request made for the purposes of a civil recovery investigation, evidence relevant for the purpose of identifying recoverable property or associated property, including evidence as to a matter described in section 341(2)(a) to (d); (b) in relation to an application or request made for the purposes of a detained cash investigation, evidence as to a matter described in section 341(3A)(a) or (b); (ba) in relation to an application or request made for the purposes of a detained property investigation, evidence as to a matter described in section 341(3B)(a) or (b); (bb) in relation to an application or request made for the purposes of a frozen funds investigation, evidence as to a matter described in section 341(3C)(a) or (b); (bc) in relation to an application or request made for the purposes of a cryptoasset investigation, evidence as to a matter described in section 341(3D)(a) to (d); (c) in relation to an application or request made for the purposes of an exploitation proceeds investigation, evidence as to a matter described in section 341(5)(a) to (d). (6) A request for assistance under this section may be sent— (a) to a court or tribunal which is specified in the request and which exercises jurisdiction in the place where the evidence is to be obtained, (b) to the government of the country or territory concerned, or (c) to an authority recognised by the government of the country or territory concerned as the appropriate authority for receiving requests for assistance of that kind. (7) Alternatively, a request for assistance under this section may be sent to the Secretary of State with a view to it being forwarded to a court, tribunal, government or authority mentioned in subsection (6). (8) The Secretary of State must forward the request for assistance to the court, tribunal, government or authority. (9) In a case of urgency, a request for assistance under this section may be sent to— (a) the International Criminal Police Organisation, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for forwarding to the court, tribunal, government or authority mentioned in subsection (6). (10) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to requests for assistance made by a judge under this section. (11) “Evidence” includes documents, information in any other form and material.

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375B Evidence overseas: restrictions on use

(1) This section applies to evidence obtained by means of a request for assistance under section 375A. (2) The evidence must not be used for any purpose other than— (a) for the purposes of the investigation for which it was obtained, or (b) for the purposes of proceedings described in subsection (3) or any proceedings arising out of such proceedings. (3) Those proceedings are— (a) if the request was made for the purposes of a civil recovery investigation, proceedings under Chapter 2 of Part 5 of this Act arising out of the investigation; (b) if the request was made for the purposes of a detained cash investigation, proceedings under Chapter 3 of Part 5 of this Act arising out of the investigation; (ba) if the request was made for the purposes of a detained property investigation, proceedings under Chapter 3A of Part 5 of this Act arising out of the investigation; (bb) if the request was made for the purposes of a frozen funds investigation, proceedings under Chapter 3B of Part 5 of this Act arising out of the investigation; (bc) if the request was made for the purposes of a cryptoasset investigation, proceedings under Chapter 3C, 3D, 3E or 3F of Part 5 of this Act arising out of the investigation; (c) if the request was made for the purposes of an exploitation proceeds investigation, proceedings under Part 7 of the Coroners and Justice Act 2009 arising out of the investigation. (4) Subsection (2) does not apply if the court, tribunal, government or authority to whom the request for assistance was sent consents to the use.

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375C Restriction on exercise of certain powers conferred on officers of Revenue and Customs

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376 Evidence overseas

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377 Code of practice of Secretary of State etc.

(1) The Secretary of State must prepare a code of practice as to the exercise by all of the following of functions they have under this Chapter— (a) the Director General of the National Crime Agency; (b) other National Crime Agency officers; (c) in relation to England and Wales, accredited financial investigators; (d) in relation to England and Wales, constables; (e) officers of Revenue and Customs; (f) immigration officers. (g) Financial Conduct Authority officers. (2) After preparing a draft of the code the Secretary of State— (a) must publish the draft; (b) must consider any representations made to him about the draft; (c) may amend the draft accordingly. (2A) The Secretary of State must also consult the Treasury about the draft in its application to functions that Financial Conduct Authority officers have under this Chapter. (3) After the Secretary of State has proceeded under subsections (2) and (2A) he must lay the code before Parliament. (4) When he has done so the Secretary of State may bring the code into operation on such day as he may appoint by order. (5) A person specified in subsection (1)(a) to (f) must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter. (6) If such a person fails to comply with any provision of such a code of practice he is not by reason only of that failure liable in any criminal or civil proceedings. (7) But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any question in the proceedings. (8) The Secretary of State may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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377ZA Code of practice (Northern Ireland)

(1) The Department of Justice in Northern Ireland must prepare a code of practice as to the exercise, in relation to Northern Ireland, by constables and accredited financial investigators of functions they have under this Chapter. (2) After preparing a draft of the code the Department of Justice— (a) must publish the draft; (b) must consider any representations made to the Department of Justice about the draft; (c) may amend the draft accordingly. (3) After the Department of Justice has proceeded under subsection (2) it must lay the code before the Northern Ireland Assembly. (4) When the Department of Justice has done so it may bring the code into operation on such day as the Department of Justice may appoint by order. (5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a code as it applies in relation to the laying of a statutory document under an enactment. (6) A constable or accredited financial investigator must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter. (7) If a constable or accredited financial investigator fails to comply with any provision of such a code of practice he is not by reason only of that failure liable in any criminal or civil proceedings. (8) But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any question in the proceedings. (9) The Department of Justice may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared.

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377ZB Disapplication of PACE codes

The following provisions do not apply to an appropriate officer or the relevant authority in the exercise of any function either has under this Chapter— (a) section 67(9) of the Police and Criminal Evidence Act 1984 (application of codes of practice under that Act to persons other than police officers); (b) Article 66(8) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (which makes similar provision for Northern Ireland).

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377A Code of practice of Attorney General or Advocate General for Northern Ireland

(1) The Attorney General must prepare a code of practice as to— (a) the exercise by the Director of Public Prosecutions , SFO officers ... and the Director of the Serious Fraud Office of functions they have under this Chapter; and (b) the exercise by any other person, who is the relevant authority by virtue of section 357(9) in relation to a confiscation investigation, of functions he has under this Chapter in relation to England and Wales as the relevant authority. (2) The Advocate General for Northern Ireland must prepare a code of practice as to— (a) the exercise by the Director of Public Prosecutions for Northern Ireland of functions he has under this Chapter; and (b) the exercise by any other person, who is the relevant authority by virtue of section 357(9) in relation to a confiscation investigation, of functions he has under this Chapter in relation to Northern Ireland as the relevant authority. (3) After preparing a draft of the code the Attorney General or (as the case may be) the Advocate General for Northern Ireland— (a) must publish the draft; (b) must consider any representations made to him about the draft; (c) may amend the draft accordingly. (4) After the Attorney General or the Advocate General for Northern Ireland has proceeded under subsection (3) he must lay the code before Parliament. (5) When the code has been so laid the Attorney General or (as the case may be) the Advocate General for Northern Ireland may bring the code into operation on such day as he may appoint by order. (6) A person specified in subsection (1)(a) or (b) or (2)(a) or (b) must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter to which the code relates. (7) If such a person fails to comply with any provision of such a code of practice the person is not by reason only of that failure liable in any criminal or civil proceedings. (8) But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any question in the proceedings. (9) The Attorney General or (as the case may be) the Advocate General for Northern Ireland may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared. (10) In this section references to the Advocate General for Northern Ireland are to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as references to the Attorney General for Northern Ireland.

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378 Officers

(1) In relation to a confiscation investigation these are appropriate officers— (a) a National Crime Agency officer; (b) an accredited financial investigator; (c) a constable; (ca) an SFO officer; (d) an officer of Revenue and Customs; (e) an immigration officer. (2) In relation to a confiscation investigation these are senior appropriate officers— (a) a senior National Crime Agency officer; (b) a police officer who is not below the rank of superintendent; (ba) the Director of the Serious Fraud Office; (c) an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank; (ca) an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank; (d) an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State or the Welsh Ministers under section 453. (3) In relation to a civil recovery investigation these are appropriate officers— (a) a National Crime Agency officer; (b) the relevant Director; (c) an officer of Revenue and Customs. (d) a Financial Conduct Authority officer. (3ZA) In relation to a civil recovery investigation these are senior appropriate officers— (a) a senior National Crime Agency officer; (b) the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs authorised by the Commissioners (whether generally or specifically) for this purpose. (c) a senior Financial Conduct Authority officer. (3A) In relation to a detained cash investigation these are appropriate officers— (a) a constable; (aa) an SFO officer; (ab) an accredited financial investigator; (b) an officer of Revenue and Customs. (c) an immigration officer. (3AA) In relation to a detained cash investigation these are senior appropriate officers— (a) a police officer who is not below the rank of superintendent; (aa) the Director of the Serious Fraud Office; (b) an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State or the Welsh Ministers under section 453; (c) an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that rank. (d) an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank. (3B) The reference in paragraph (ab) of subsection (3A) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State or the Welsh Ministers under section 453. (3C) In relation to a detained property investigation these are appropriate officers— (a) a constable; (b) an SFO officer; (c) an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State or the Welsh Ministers under section 453; (d) an officer of Revenue and Customs. (3D) In relation to a detained property investigation these are senior appropriate officers— (a) a police officer who is not below the rank of inspector; (b) the Director of the Serious Fraud Office; (c) an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State or the Welsh Ministers under section 453; (d) an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to the police rank of inspector. (3E) In relation to a frozen funds investigation these are appropriate officers— (a) a constable; (b) an SFO officer; (c) an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State or the Welsh Ministers under section 453; (d) an officer of Revenue and Customs. (3F) In relation to a frozen funds investigation these are senior appropriate officers— (a) a police officer who is not below the rank of inspector; (b) the Director of the Serious Fraud Office; (c) an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State or the Welsh Ministers under section 453; (d) an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to the police rank of inspector. (3G) In relation to a cryptoasset investigation these are appropriate officers— (a) a constable; (b) an SFO officer; (c) an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State or the Welsh Ministers under section 453; (d) an officer of Revenue and Customs. (3H) In relation to a cryptoasset investigation these are senior appropriate officers— (a) a police officer who is not below the rank of inspector; (b) the Director of the Serious Fraud Office; (c) an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State or the Welsh Ministers under section 453; (d) an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for His Majesty’s Revenue and Customs as equivalent to the police rank of inspector. (4) In relation to a money laundering investigation these are appropriate officers— (a) an accredited financial investigator; (b) a constable; (ba) an SFO officer; (c) an officer of Revenue and Customs; (d) an immigration officer. (5) For the purposes of section 342, in relation to a money laundering investigation a person authorised for the purposes of money laundering investigations by the Director General of the National Crime Agency is also an appropriate officer. (6) In relation to a money laundering investigation these are senior appropriate officers— (a) a police officer who is not below the rank of superintendent; (aa) the Director of the Serious Fraud Office; (b) an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank; (ba) an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank; (c) an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State or the Welsh Ministers under section 453. (6A) In relation to an exploitation proceeds investigation — (a) , a National Crime Agency officer is an appropriate officer. (b) a senior National Crime Agency officer is a senior appropriate officer. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) For the purposes of this Part a senior National Crime Agency officer is— (a) the Director General of the National Crime Agency; or (b) any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose. (9) For the purposes of this Part— (a) “Financial Conduct Authority officer” means a member of staff of the Financial Conduct Authority; (b) “senior Financial Conduct Authority officer” means a Financial Conduct Authority officer who is not below such grade as is designated by the Treasury for those purposes.

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379 Miscellaneous

“Document”, “excluded material” and “premises” have the same meanings as in the Police and Criminal Evidence Act 1984 (c. 60) or (in relation to Northern Ireland) the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

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380 Production orders

(1) The sheriff may, on an application made to him by the appropriate person, make a production order if he is satisfied that each of the requirements for the making of the order is fulfilled. (2) In making a production order in relation to ... a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation, the sheriff shall act in the exercise of his civil jurisdiction. (3) The application for a production order must state that— (a) a person specified in the application is subject to a confiscation investigation , a civil recovery investigation or a money laundering investigation, or (b) property specified in the application is subject to a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation. (4) The application must also state that— (a) the order is sought for the purposes of the investigation; (b) the order is sought in relation to material, or material of a description, specified in the application; (c) a person specified in the application appears to be in possession or control of the material. (5) A production order is an order either— (a) requiring the person the application for the order specifies as appearing to be in possession or control of material to produce it to a proper person for him to take away, or (b) requiring that person to give a proper person access to the material, within the period stated in the order. (6) The period stated in a production order must be a period of seven days beginning with the day on which the order is made, unless it appears to the sheriff that a longer or shorter period would be appropriate in the particular circumstances.

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381 Requirements for making of production order

(1) These are the requirements for the making of a production order. (2) There must be reasonable grounds for suspecting that— (a) in the case of a confiscation investigation, the person the application for the order specifies as being subject to the investigation has benefited from his criminal conduct; (b) in the case of a civil recovery investigation— (i) the person the application for the order specifies as being subject to the investigation holds recoverable property or associated property, (ii) that person has, at any time, held property that was recoverable property or associated property at the time, or (iii) the property the application for the order specifies as being subject to the investigation is recoverable property or associated property; (ba) in the case of a detained cash investigation into the derivation of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property; (bb) in the case of a detained cash investigation into the intended use of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct; (bc) in the case of a detained property investigation into the derivation of property, the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property; (bd) in the case of a detained property investigation into the intended use of property, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct; (be) in the case of a frozen funds investigation into the derivation of money held in an account in relation to which an account freezing order made under section 303Z3 has effect (a “frozen account”), the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property; (bf) in the case of a frozen funds investigation into the intended use of money held in a frozen account, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct; (bg) in the case of a cryptoasset investigation into the derivation of cryptoassets, the cryptoassets the application for the order specifies as being subject to the investigation (or, if the cryptoassets have been converted into money in accordance with Chapter 3F of Part 5, the converted cryptoassets) are recoverable property; (bh) in the case of a cryptoasset investigation into the intended use of cryptoassets, the cryptoassets the application for the order specifies as being subject to the investigation (or, if the cryptoassets have been converted into money in accordance with Chapter 3F of Part 5, the converted cryptoassets) are intended by any person to be used in unlawful conduct. (c) in the case of a money laundering investigation, the person the application for the order specifies as being subject to the investigation has committed a money laundering offence. (3) There must be reasonable grounds for believing that the person the application specifies as appearing to be in possession or control of the material so specified is in possession or control of it. (4) There must be reasonable grounds for believing that the material is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the order is sought. (5) There must be reasonable grounds for believing that it is in the public interest for the material to be produced or for access to it to be given, having regard to— (a) the benefit likely to accrue to the investigation if the material is obtained, (b) the circumstances under which the person the application specifies as appearing to be in possession or control of the material holds it.

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382 Order to grant entry

(1) This section applies if a sheriff makes a production order requiring a person to give a proper person access to material on any premises. (2) The sheriff may, on an application made to him by the appropriate person and specifying the premises, make an order to grant entry in relation to the premises. (3) An order to grant entry is an order requiring any person who appears to the appropriate person to be entitled to grant entry to the premises to allow a proper person to enter the premises to obtain access to the material.

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383 Further provisions

(1) A production order does not require a person to produce, or give access to, any items subject to legal privilege. (2) A production order has effect in spite of any restriction on the disclosure of information (however imposed). (3) A proper person may take copies of any material which is produced, or to which access is given, in compliance with a production order. (4) Material produced in compliance with a production order may be retained for so long as it is necessary to retain it (as opposed to copies of it) in connection with the investigation for the purposes of which the order was made. (5) But if a proper person has reasonable grounds for believing that— (a) the material may need to be produced for the purposes of any legal proceedings, and (b) it might otherwise be unavailable for those purposes, it may be retained until the proceedings are concluded.

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384 Computer information

(1) This section applies if any of the material specified in an application for a production order consists of information contained in a computer. (2) If the order is an order requiring a person to produce the material to a proper person for him to take away, it has effect as an order to produce the material in a form in which it can be taken away by him and in which it is visible and legible. (3) If the order is an order requiring a person to give a proper person access to the material, it has effect as an order to give him access to the material in a form in which it is visible and legible.

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385 Government departments

(1) A production order may be made in relation to material in the possession or control of an authorised government department. (2) An order so made may require any officer of the department (whether named in the order or not) who may for the time being be in possession or control of the material to comply with it. (3) If an order contains such a requirement— (a) the person on whom it is served must take all reasonable steps to bring it to the attention of the officer concerned; (b) any other officer of the department who is in receipt of the order must also take all reasonable steps to bring it to the attention of the officer concerned. (4) If the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 380(5)) the person on whom it is served must report the reasons for the failure to— (a) the sheriff in the case of an order made for the purposes of a confiscation investigation or a money laundering investigation; (b) the sheriff exercising a civil jurisdiction in the case of an order made for the purposes of a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation. (5) In this section, “authorised government department” includes a government department which is an authorised department for the purposes of the Crown Proceedings Act 1947 (c. 44) and the Scottish Administration.

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386 Supplementary

(1) An application for a production order or an order to grant entry may be made ex parte to a sheriff in chambers. (2) Provision may be made by rules of court as to the discharge and variation of production orders and orders to grant entry. (3) Rules of court under subsection (2) relating to production orders and orders to grant entry— (a) made in a confiscation investigation or a money laundering investigation shall, without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995 (c. 46) be made by act of adjournal; (b) made in a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation shall, without prejudice to section 32 of the Sheriff Courts (Scotland) Act 1971 (c. 58) be made by act of sederunt. (4) An application to discharge or vary a production order or an order to grant entry may be made to the sheriff by— (a) the person who applied for the order; (b) any person affected by the order. (5) The sheriff may— (a) discharge the order; (b) vary the order.

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387 Search warrants

(1) The sheriff may, on an application made to him by the appropriate person, issue a search warrant if he is satisfied that either of the requirements for the issuing of the warrant is fulfilled. (2) In issuing a search warrant in relation to ... a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation, the sheriff shall act in the exercise of his civil jurisdiction. (3) The application for a search warrant must state that— (a) a person specified in the application is subject to a confiscation investigation , a civil recovery investigation or a money laundering investigation, or (b) property specified in the application is subject to a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation. (4) A search warrant is a warrant authorising a proper person— (a) to enter and search the premises specified in the application for the warrant, and (b) to seize and retain any material specified in the warrant which is found there and which is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the application is made. (4A) A proper person may, if necessary, use reasonable force in executing a search warrant. (5) The requirements for the issue of a search warrant are— (a) that a production order made in relation to material has not been complied with and there are reasonable grounds for believing that the material is on the premises specified in the application for the warrant, or (b) that section 388 is satisfied in relation to the warrant. (6) An application for a search warrant may be made ex parte to a sheriff in chambers.

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388 Requirements where production order not available

(1) This section is satisfied in relation to a search warrant if— (a) subsection (2) applies, and (b) either the first or the second set of conditions is complied with. (2) This subsection applies if there are reasonable grounds for suspecting that— (a) in the case of a confiscation investigation, the person specified in the application for the warrant has benefited from his criminal conduct; (b) in the case of a civil recovery investigation— (i) the person specified in the application for the warrant holds recoverable property or associated property, (ii) that person has, at any time, held property that was recoverable property or associated property at the time, or (iii) the property specified in the application for the warrant is recoverable property or associated property; (ba) in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, or a part of it, is recoverable property; (bb) in the case of a detained cash investigation into the intended use of cash, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct; (bc) in the case of a detained property investigation into the derivation of property, the property specified in the application for the warrant, or a part of it, is recoverable property; (bd) in the case of a detained property investigation into the intended use of property, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct; (be) in the case of a frozen funds investigation into the derivation of money held in an account in relation to which an account freezing order made under section 303Z3 has effect (a “frozen account”), the property specified in the application for the warrant, or a part of it, is recoverable property; (bf) in the case of a frozen funds investigation into the intended use of money held in a frozen account, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct; (bg) in the case of a cryptoasset investigation into the derivation of cryptoassets, the cryptoassets specfied in the application for the warrant (or, if the cryptoassets have been converted into money in accordance with Chapter 3F of Part 5, the converted cryptoassets) are recoverable property; (bh) in the case of a cryptoasset investigation into the intended use of cryptoassets, the cryptoassets specified in the application for the warrant (or, if the cryptoassets have been converted into money in accordance with Chapter 3F of Part 5, the converted cryptoassets) are intended by any person to be used in unlawful conduct. (c) in the case of a money laundering investigation, the person specified in the application for the warrant has committed a money laundering offence. (3) The first set of conditions is that there are reasonable grounds for believing that— (a) any material on the premises specified in the application for the warrant is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought, (b) it is in the public interest for the material to be obtained, having regard to the benefit likely to accrue to the investigation if the material is obtained, and (c) it would not be appropriate to make a production order for any one or more of the reasons in subsection (4). (4) The reasons are— (a) that it is not practicable to communicate with any person against whom the production order could be made; (b) that it is not practicable to communicate with any person who would be required to comply with an order to grant access to the material or to grant entry to the premises on which the material is situated; (c) that the investigation might be seriously prejudiced unless a proper person is able to secure immediate access to the material. (5) The second set of conditions is that— (a) there are reasonable grounds for believing that there is material on the premises specified in the application for the warrant and that the material falls within subsection (6), (7) , (7A), (7B) , (7C), (7D), (7E), (7F) , (7G), (7H) or (8), (b) there are reasonable grounds for believing that it is in the public interest for the material to be obtained, having regard to the benefit likely to accrue to the investigation if the material is obtained, and (c) any one or more of the requirements in subsection (9) is met. (6) In the case of a confiscation investigation, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the person specified in the application, the question whether he has benefited from his criminal conduct or of realisable property available for satisfying a confiscation order made in respect of him or any question as to the extent or whereabouts of his benefit from his criminal conduct, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7) In the case of a civil recovery investigation, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the person or property specified in the application or to any of the questions listed in subsection (7ZA), and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7ZA) Those questions are— (a) where a person is specified in the application, any question as to— (i) what property the person holds or has held, (ii) whether the property is or has been recoverable property or associated property, or (iii) the nature, extent or whereabouts of the property, and (b) where property is specified in the application, any question as to— (i) whether the property is or has been recoverable property or associated property, (ii) who holds it or has held it, (iii) whether a person who appears to hold or to have held it holds or has held other property, (iv) whether the other property is or has been recoverable property or associated property, or (v) the nature, extent or whereabouts of the specified property or the other property. (7A) In the case of a detained cash investigation into the derivation of cash, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7B) In the case of a detained cash investigation into the intended use of cash, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7C) In the case of a detained property investigation into the derivation of property, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7D) In the case of a detained property investigation into the intended use of property, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7E) In the case of a frozen funds investigation into the derivation of money held in a frozen account, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7F) In the case of a frozen funds investigation into the intended use of money held in a frozen account, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7G) In the case of a cryptoasset investigation into the derivation of cryptoassets or converted cryptoassets, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7H) In the case of a cryptoasset investigation into the intended use of cryptoassets or converted cryptoassets, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (8) In the case of a money laundering investigation, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the person specified in the application or the question whether he has committed a money laundering offence, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (9) The requirements are— (a) that it is not practicable to communicate with any person entitled to grant entry to the premises; (b) that entry to the premises will not be granted unless a warrant is produced; (c) that the investigation might be seriously prejudiced unless a proper person arriving at the premises is able to secure immediate entry to them.

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389 Further provisions: general

A search warrant does not confer the right to seize any items subject to legal privilege.

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390 Further provisions: confiscation, civil recovery , detained cash , detained property, frozen funds , money laundering and cryptoasset

(1) This section applies to search warrants sought for the purposes of confiscation investigations, civil recovery investigations , detained cash investigations , detained property investigations, frozen funds investigations , money laundering investigations or cryptoasset investigations. (2) A warrant continues in force until the end of the period of one month starting with the day on which it is issued. (3) A warrant authorises the person executing it to require any information which is held in a computer and is accessible from the premises specified in the application for the warrant, and which the proper person believes relates to any matter relevant to the investigation, to be produced in a form— (a) in which it can be taken away, and (b) in which it is visible and legible. (4) Copies may be taken of any material seized under a warrant. (5) A warrant issued in relation to a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation may be issued subject to conditions. (6) A warrant issued in relation to a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation may include provision authorising the person executing it to do other things which— (a) are specified in the warrant, and (b) need to be done in order to give effect to it. (7) Material seized under a warrant issued in relation to a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation may be retained for so long as it is necessary to retain it (as opposed to copies of it) in connection with the investigation for the purposes of which the warrant was issued. (8) But if the Scottish Ministers have reasonable grounds for believing that— (a) the material may need to be produced for the purposes of any legal proceedings, and (b) it might otherwise be unavailable for those purposes, it may be retained until the proceedings are concluded.

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391 Disclosure orders

(1) The High Court of Justiciary, on an application made to it by the Lord Advocate in relation to confiscation investigations or money laundering investigations, or the Court of Session, on an application made to it by the Scottish Ministers in relation to civil recovery investigations, may make a disclosure order if it is satisfied that each of the requirements for the making of the order is fulfilled. (2) 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 .... (3) The application for a disclosure order must state that— (a) a person specified in the application is subject to a confiscation investigation and the order is sought for the purposes of the investigation, or (aa) a person specified in the application is subject to a money laundering investigation and the order is sought for the purposes of the investigation, or (b) 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. (4) A disclosure order is an order authorising the Lord Advocate or the Scottish Ministers to give to any person the Lord Advocate considers or the Scottish Ministers consider 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— (a) answer questions, either at a time specified in the notice or at once, at a place so specified; (b) provide information specified in the notice, by a time and in a manner so specified; (c) 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. (5) Relevant information is information (whether or not contained in a document) which the Lord Advocate considers or the Scottish Ministers consider to be relevant to the investigation. (6) 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.

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392 Requirements for making of disclosure order

(1) These are the requirements for the making of a disclosure order. (2) There must be reasonable grounds for suspecting that— (a) in the case of a confiscation investigation, the person specified in the application for the order has benefited from his criminal conduct; (aa) in the case of a money laundering investigation, the person specified in the application for the order has committed a money laundering offence; (b) in the case of a civil recovery investigation— (i) the person specified in the application for the order holds recoverable property or associated property, (ii) that person has, at any time, held property that was recoverable property or associated property at the time, or (iii) the property specified in the application for the order is recoverable property or associated property; (3) There must be reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the order is sought. (4) There must be reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.

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393 Offences

(1) A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed on him under a disclosure order. (2) A person guilty of an offence under subsection (1) is liable on summary conviction to— (a) imprisonment for a term not exceeding six months, (b) a fine not exceeding level 5 on the standard scale, or (c) both. (3) A person commits an offence if, in purported compliance with a requirement imposed on him under a disclosure order, he— (a) makes a statement which he knows to be false or misleading in a material particular, or (b) recklessly makes a statement which is false or misleading in a material particular. (4) A person guilty of an offence under subsection (3) is liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, or (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

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394 Statements

(1) A statement made by a person in response to a requirement imposed on him under a disclosure order may not be used in evidence against him in criminal proceedings. (2) But subsection (1) does not apply— (a) in the case of proceedings under Part 3, (b) on a prosecution for an offence under section 393(1) or (3), (c) on a prosecution for perjury, or (d) on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in subsection (1). (3) A statement may not be used by virtue of subsection (2)(d) against a person unless— (a) evidence relating to it is adduced, or (b) a question relating to it is asked, by him or on his behalf in the proceedings arising out of the prosecution.

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395 Further provisions

(1) A disclosure order does not confer the right to require a person to answer any question, provide any information or produce any document which he would be entitled to refuse to answer, provide or produce on grounds of legal privilege. (2) A disclosure order has effect in spite of any restriction on the disclosure of information (however imposed). (3) The Lord Advocate and the Scottish Ministers may take copies of any documents produced in compliance with a requirement to produce them which is imposed under a disclosure order. (4) Documents so produced may be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with the investigation for the purposes of which the order was made. (5) But if the Lord Advocate has, or the Scottish Ministers have, reasonable grounds for believing that— (a) the documents may need to be produced for the purposes of any legal proceedings, and (b) they might otherwise be unavailable for those purposes, they may be retained until the proceedings are concluded.

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396 Supplementary

(1) An application for a disclosure order may be made ex parte to— (a) in the case of an order made in a confiscation investigation or a money laundering investigation, a judge of the High Court of Justiciary; (b) in the case of an order made in a civil recovery investigation, a judge of the Court of Session, in chambers. (2) Provision may be made by rules of court as to the discharge and variation of disclosure orders. (3) Rules of court under subsection (2) relating to disclosure orders— (a) made in a confiscation investigation or a money laundering investigation shall, without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995 (c. 46) be made by act of adjournal; (b) made in a civil recovery investigation shall, without prejudice to section 5 of the Court of Session Act 1988 (c. 36), be made by act of sederunt. (4) An application to discharge or vary a disclosure order may be made to a judge of the court which made the order by— (a) the Lord Advocate or the Scottish Ministers; (b) any person affected by the order. (5) The court may— (a) discharge the order; (b) vary the order.

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396A Unexplained wealth orders

(1) The Court of Session may, on an application made by the Scottish Ministers, make an unexplained wealth order in respect of any property if the court is satisfied that each of the requirements for the making of the order is fulfilled. (2) An application for an order must— (a) specify or describe the property in respect of which the order is sought, and (b) specify the person whom the Scottish Ministers think holds the property (“the respondent”) (and the person specified may include a person outside the United Kingdom). (2A) In a case where the respondent is not an individual, the application may also specify a person who is a responsible officer of the respondent (and a person specified may include a person outside the United Kingdom). (3) An unexplained wealth order is an order requiring the respondent or any responsible officer specified in the order (a “specified responsible officer”) to provide a statement— (a) setting out the nature and extent of the respondent's interest in the property in respect of which the order is made, (b) explaining how the respondent obtained the property (including, in particular, how any costs incurred in obtaining it were met), (c) where the property is held by the trustees of a settlement, setting out such details of the settlement as may be specified in the order, and (d) setting out such other information in connection with the property as may be so specified. (4) The order must specify— (a) the form and manner in which the statement is to be given, (b) the person to whom it is to be given, and (c) the place at which it is to be given or, if it is to be given in writing, the address to which it is to be sent. (5) The order may, in connection with requiring the respondent or any specified responsible officer to provide the statement mentioned in subsection (3), also require them to produce documents of a kind specified or described in the order. (6) The respondent or any specified responsible officer must comply with the requirements imposed by an unexplained wealth order within whatever period the court may specify (and different periods may be specified in relation to different requirements). (7) For the purposes of this Chapter, each of the following is a “responsible officer” of the respondent (in a case where the respondent is not an individual)— (a) any director of the respondent, including any person occupying the position of a director, by whatever name called; (b) any member of a body of the respondent equivalent to a board of directors; (c) any other manager, secretary or similar officer of the respondent; (d) where the respondent is a partnership, a partner or member of the partnership; (e) any person in accordance with whose directions or instructions the board of directors or equivalent body of the respondent are accustomed to act.

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396B Requirements for making of unexplained wealth order

(1) These are the requirements for the making of an unexplained wealth order in respect of any property. (2) The Court of Session must be satisfied that there is reasonable cause to believe that— (a) the respondent holds the property, and (b) the value of the property is greater than £50,000. (3) The Court of Session must be satisfied that there are reasonable grounds for suspecting — (a) that the known sources of the respondent's lawfully obtained income would have been insufficient for the purposes of enabling the respondent to obtain the property, or (b) that the property has been obtained through unlawful conduct (within the meaning given by section 242). (4) The Court of Session must be satisfied that— (a) the respondent is a politically exposed person, or (b) there are reasonable grounds for suspecting that— (i) the respondent is, or has been, involved in serious crime (whether in a part of the United Kingdom or elsewhere), or (ii) a person connected with the respondent is, or has been, so involved. (5) It does not matter for the purposes of subsection (2)(a)— (a) whether or not there are other persons who also hold the property; (b) whether the property was obtained by the respondent before or after the coming into force of this section. (6) For the purposes of subsection (3)— (a) regard is to be had to any heritable security, charge or other kind of security that it is reasonable to assume was or may have been available to the respondent for the purposes of obtaining the property; (b) it is to be assumed that the respondent obtained the property for a price equivalent to its market value; (c) income is “lawfully obtained” if it is obtained lawfully under the laws of the country from where the income arises; (d) “known” sources of the respondent's income are the sources of income (whether arising from employment, assets or otherwise) that are reasonably ascertainable from available information at the time of the making of the application for the order; (e) where the property is an interest in other property comprised in a settlement, the reference to the respondent obtaining the property is to be taken as if it were a reference to the respondent obtaining direct ownership of such share in the settled property as relates to, or is fairly represented by, that interest. (7) In subsection (4)(a), “politically exposed person” means a person who is— (a) an individual who is, or has been, entrusted with prominent public functions by an international organisation or by a State other than — (i) the United Kingdom, or (ii) an EEA state, (b) a family member of a person within paragraph (a), (c) known to be a close associate of a person within that paragraph, or (d) otherwise connected with a person within that paragraph. (8) Article 3 of Directive 2015/849/EU of the European Parliament and of the Council of 20 May 2015 applies for the purposes of determining— (a) whether a person has been entrusted with prominent public functions (see point (9) of that Article), (b) whether a person is a family member (see point (10) of that Article), and (c) whether a person is known to be a close associate of another (see point (11) of that Article). (9) For the purposes of this section— (a) a person is involved in serious crime in a part of the United Kingdom or elsewhere if the person would be so involved for the purposes of Part 1 of the Serious Crime Act 2007 (see in particular sections 2, 2A and 3 of that Act); (b) section 1122 of the Corporation Tax Act 2010 (“connected” persons) applies in determining whether a person is connected with another. (10) Where the property in respect of which the order is sought comprises more than one item of property, the reference in subsection (2)(b) to the value of the property is to the total value of those items.

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396C Effect of order: cases of non-compliance

(1) This section applies in a case where the respondent and the specified responsible officer (if any), between them, fail, without reasonable excuse, to comply with the requirements imposed by an unexplained wealth order in respect of any property before the end of the response period. (2) The property is to be presumed to be recoverable property for the purposes of any proceedings taken in respect of the property under Part 5, unless the contrary is shown. (3) The presumption in subsection (2) applies in relation to property— (a) only so far as relating to the respondent's interest in the property, and (b) only if the value of that interest is greater than the sum specified in section 396B(2)(b). It is for the court hearing the proceedings under Part 5 in relation to which reliance is placed on the presumption to determine the matters in this subsection. (4) The “response period” is whatever period the court specifies under section 396A(6) as the period within which the requirements imposed by the order are to be complied with (or the period ending the latest, if more than one is specified in respect of different requirements). (5) For the purposes of subsection (1)— (a) a respondent or a specified responsible officer who purports to comply with the requirements imposed by an unexplained wealth order is not to be taken to have failed to comply with the order (see instead section 396D); (b) where an unexplained wealth order imposes more than one requirement, ... the respondent and the specified responsible officer (if any) are to be taken to have failed to comply with the requirements imposed by the order unless each of the requirements is complied with or is purported to be complied with. (6) Subsections (7) and (8) apply in determining the respondent's interest for the purposes of subsection (3) in a case where the respondent to the unexplained wealth order— (a) is connected with another person who is, or has been, involved in serious crime (see subsection (4)(b)(ii) of section 396B), or (b) is a politically exposed person of a kind mentioned in paragraph (b), (c) or (d) of subsection (7) of that section (family member, known close associates etc of individual entrusted with prominent public functions). (7) In a case within subsection (6)(a), the respondent's interest is to be taken to include any interest in the property of the person involved in serious crime with whom the respondent is connected. (8) In a case within subsection (6)(b), the respondent's interest is to be taken to include any interest in the property of the person mentioned in subsection (7)(a) of section 396B. (9) Where an unexplained wealth order is made in respect of property comprising more than one item of property, the reference in subsection (3)(b) to the value of the respondent's interest in the property is to the total value of the respondent's interest in those items.

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396D Effect of order: cases of compliance or purported compliance

(1) This section applies in a case where the respondent and the specified responsible officer (if any) between them comply, or purport to comply, with all of the requirements imposed by an unexplained wealth order in respect of any property in relation to which the order is made before the end of the response period (as defined by section 396C(4)). (2) If an interim freezing order has effect in relation to the property (see section 396J), the Scottish Ministers must— (a) consider whether the Lord Advocate should be given an opportunity to determine what enforcement or investigatory proceedings, if any, the Lord Advocate considers ought to be taken by the Lord Advocate in relation to the property, and (b) determine whether they consider that any proceedings under Part 5 (civil recovery of the proceeds of unlawful conduct) or this Chapter ought to be taken by them in relation to the property. (3) If the Scottish Ministers consider that the Lord Advocate should be given an opportunity to make a determination as mentioned in subsection (2)(a), the Lord Advocate must determine what enforcement or investigatory proceedings, if any, the Lord Advocate considers ought to be taken by the Lord Advocate in relation to the property. (4) A determination under subsection (2)(b) or (3) must be made within the period of 60 days starting with the day of compliance , or that period as it may be extended by virtue of section 396DA or 396DB (the “determination period”). (5) If the determinations under subsections (2)(b) and (3) are that no further proceedings under Part 5 or this Chapter and no further enforcement or investigatory proceedings ought to be taken in relation to the property, the Scottish Ministers must notify the Court of Session of the nature of the determinations as soon as reasonably practicable (and in any event before the end of the determination period). (6) If there is no interim freezing order in effect in relation to the property— (a) the Scottish Ministers may (at any time) determine whether they consider that any proceedings under Part 5 or this Chapter ought to be taken by them in relation to the property, and (b) the Lord Advocate may (at any time) determine what, if any, enforcement or investigatory proceedings the Lord Advocate considers ought to be taken by the Lord Advocate in relation to the property. (7) A determination under this section to take no further proceedings under Part 5 or this Chapter or no further enforcement or investigatory proceedings in relation to any property does not prevent any such proceedings being taken subsequently (whether as a result of new information or otherwise) in relation to the property. (8) For the purposes of this section— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) references to the day of compliance are to the day on which the requirements imposed by the order are complied with (or, if the requirements are complied with over more than one day, the last of those days), and (c) where an order requires the sending of information in writing to, or the production of documents at, an address specified in the order, compliance with the order (so far as relating to that requirement) occurs when the written information is received, or the documents are produced, at that address, and in paragraphs (b) and (c) references to compliance include purported compliance. (9) In this section “enforcement or investigatory proceedings” means any proceedings in relation to property taken under— (a) Part 3 (confiscation proceedings in Scotland), or (b) this Chapter.

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396DA Extension of period for making determination where interim freezing order has been made

(1) The Court of Session may, on an application made by the Scottish Ministers or the Lord Advocate, extend the determination period if satisfied that— (a) the applicant is working diligently and expeditiously towards making a determination under section 396D(2)(b) or (3) (as the case may be), (b) further time is needed to make that determination, and (c) it is reasonable in all the circumstances for the period to be extended. (2) The application must be made before the determination period would otherwise end. (3) An extension of the determination period must end no later than the end of the period of 63 days beginning with the day after that on which the period would otherwise end. (4) Where the period is extended under subsection (1), it may be further extended by the Court of Session (and subsections (2) and (3) apply in relation to any further extension as they apply in relation to the first one). (5) But the determination period as extended must not exceed the period of 186 days starting with the day of compliance (within the meaning given by section 396D(8)(b)).

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396DB Extension of period pending determination of proceedings etc

(1) Subsection (2) applies where— (a) an application is made to the Court of Session under section 396DA for the extension (or further extension) of the determination period, and (b) the period would (apart from that subsection) end before the Court determines the application or it is otherwise disposed of. (2) The determination period is extended from the time when it would otherwise end until— (a) the Court determines the application or it is otherwise disposed of, or (b) if earlier, the end of the period of 31 days beginning with the day after that on which the period would otherwise have ended. (3) Subsection (4) applies where— (a) proceedings on an appeal in respect of a decision on an application under section 396DA have been brought, and (b) the determination period would (apart from that subsection) end before the proceedings are finally determined or otherwise disposed of. (4) The determination period is extended from the time when it would otherwise end until— (a) the proceedings are finally determined or otherwise disposed of, or (b) if earlier, the end of the period mentioned in subsection (2)(b). (5) Subsection (6) applies where— (a) an application is made to the Court under section 396DA for an extension of the determination period, (b) the Court refuses to grant the application, and (c) the period would (apart from that subsection) end before the end of the 5 day period. (6) The determination period is extended from the time when it would otherwise end until— (a) the end of the 5 day period, or (b) if proceedings on an appeal against the decision are brought before the end of the 5 day period, the time when those proceedings are brought. (7) The “5 day period” is the period of 5 working days beginning with the day on which the Court refuses to grant the application; and for these purposes “working day” means a day other than— (a) a Saturday or a Sunday, or (b) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland. (8) The restriction on the overall extension of the determination period mentioned in section 396DA(5) applies to an extension of the period in accordance with any provision of this section as it applies to an extension under an order of the Court.

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396E Offence

(1) A person commits an offence if, in purported compliance with a requirement imposed by an unexplained wealth order, the person— (a) makes a statement that the person knows to be false or misleading in a material particular, or (b) recklessly makes a statement that is false or misleading in a material particular. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both, or (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both.

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396F Statements

(1) A statement made by a person in response to a requirement imposed by an unexplained wealth order may not be used in evidence against that person in criminal proceedings. (2) Subsection (1) does not apply— (a) in the case of proceedings under Part 3, (b) on a prosecution for an offence under section 396E, (c) on a prosecution for perjury, or (d) on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in subsection (1). (3) A statement may not be used by virtue of subsection (2)(d) against a person unless— (a) evidence relating to it is adduced, or (b) a question relating to it is asked, by the person or on the person's behalf in proceedings arising out of the prosecution.

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396G Disclosure of information, copying of documents, etc

(1) An unexplained wealth order does not confer the right to require a person to answer any question, provide any information or produce any document which the person would be entitled to refuse to answer, provide or produce on grounds of legal privilege. (2) An unexplained wealth order has effect in spite of any restriction on the disclosure of information (however imposed). (3) The Scottish Ministers may take copies of any documents produced by the respondent or any specified responsible officer in connection with complying with the requirements imposed by an unexplained wealth order. (4) Documents so produced may also be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with an investigation of a kind mentioned in section 341 in relation to the property in respect of which the unexplained wealth order is made. (5) But if the Scottish Ministers have reasonable grounds to believe that the documents— (a) may need to be produced for the purposes of any legal proceedings, and (b) might otherwise be unavailable for those purposes, they may be retained until the proceedings are concluded.

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396H Holding of property: trusts and company arrangements etc

(1) This section applies for the purposes of sections 396A and 396B. (2) The cases in which a person (P) is to be taken to “hold” property include those where— (a) P has effective control over the property; (b) P is the trustee of a settlement in which the property is comprised; (c) P is a beneficiary (whether actual or potential) in relation to such a settlement. (3) A person is to be taken to have “effective control” over property if, from all the circumstances, it is reasonable to conclude that the person— (a) exercises, (b) is able to exercise, or (c) is entitled to acquire, direct or indirect control over the property. (4) Where a person holds property by virtue of subsection (2) references to the person obtaining the property are to be read accordingly. (5) References to a person who holds or obtains property include any body corporate, whether incorporated or formed under the law of a part of the United Kingdom or in a country or territory outside the United Kingdom. (6) For further provision about how to construe references to the holding of property, see section 414.

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