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Publication - Advice and guidance

Proceeds of Crime Act 2002 - Proper Persons: code of practice

Published
28 November 2019
Directorate
Justice Directorate
Topic
Law and order
ISBN
9781839603457

A revised code of practice made under Section 410 of the Proceeds of Crime Act 2002 covering the exercise of powers of a Proper Person to execute certain investigative orders.

View supporting documents Supporting documents

Annex A

Summary of the Investigatory Powers under Chapter 3 of Part 8 of the Proceeds of Crime Act 2002

  Purpose of the Order or Warrant Confiscation Investigation - Who can apply for it? Money Laundering Investigation - Who can apply for it? Civil Recovery Investigation - Who can apply for it? Detained Cash Investigation - Who can apply for it? Detained Property Investigation - Who can apply for it? Frozen Funds Investigation - Who can apply for it?
Production Order Obtain material already in existence in control of a known person (e.g. bank statements and correspondence) Procurator fiscal Procurator fiscal The Scottish Ministers The Scottish Ministers The Scottish Ministers The Scottish Ministers
Ancillary Order to Grant Entry Obtain access to premises to give effect to production order granting access to material on those premises Procurator fiscal Procurator fiscal The Scottish Ministers The Scottish Ministers The Scottish Ministers The Scottish Ministers
Search Warrant Search premises and seize material where production order either not complied with or likely to be ineffective Procurator fiscal Procurator fiscal The Scottish Ministers The Scottish Ministers The Scottish Ministers The Scottish Ministers
Customer Information Order Trawl financial institutions for information about particular customer. Procurator fiscal Procurator fiscal The Scottish Ministers N/A N/A N/A
Account Monitoring Order Monitor transactions through a known account for up to 90 days from date of order. Procurator fiscal Procurator fiscal The Scottish Ministers N/A N/A N/A

Contact

Email: alan.nicholson@gov.scot

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