Proceeds of Crime Act 2002 powers to execute warrant and orders: revised code of practice consultation

Chapter 6 - Account Monitoring Orders

General description

80. An account monitoring order^[30] is an order made by the sheriff, on application by the appropriate person^[31], for the provision of certain account information for the purposes of:

• a confiscation investigation;
• a civil recovery investigation; or
• a money laundering investigation.

81. It requires the financial institution^[32] specified in the application for the order to provide account information for a specified period, not exceeding 90 days. The account information must be provided to a proper person in the manner, and within the timescale(s), specified in the order.

82. The account information to be provided is information relating to an account or accounts held at the financial institution by a person specified in the application (whether solely or jointly with another). The specific nature of the information will be described in the order and will most commonly include transaction details in relation to the account(s) concerned.

83. An account monitoring order is not available in relation to a detained cash investigation, a detained property investigation, a frozen funds investigation or a cryptoasset investigation.

Applications for an account monitoring order

84. The application for an account monitoring order must specify the account information that is required in accordance with section 404 (5), and the name and address of the proper person to whom the information must be produced. The order will specify a reasonable time limit for production of the information depending on the nature of the institution and the information which is requested.

Statutory requirements

85. The application for an account monitoring order must state that:

• a person specified in the application is subject to a confiscation investigation, a civil recovery investigation or a money laundering investigation;
• the order is sought for the purposes of the investigation; and
• the order is sought against a financial institution(s) specified in the application.

86. In the case of a confiscation investigation, there must be reasonable grounds for suspecting that the person specified in the application for the order has benefited from their criminal conduct.

87. In the case of a civil recovery investigation, there must be reasonable grounds for suspecting that the person specified in the application for the order holds recoverable property or associated property, or

88. In the case of a money laundering investigation, there must be reasonable grounds for suspecting that the person specified in the application for the order has committed a money laundering offence.

89. In the case of any investigation, there must be reasonable grounds for believing that account information which may be provided in compliance with the order is likely to be of substantial value (whether or not by itself) to the investigation for the purposes for which it was sought.

90. In the case of any investigation, there must be reasonable grounds for believing that it is in the public interest for the account information to be provided, having regard to the benefit likely to be accrued to the investigation if the information is obtained.

Steps to be taken when serving an account monitoring order

91. When serving an account monitoring order, a covering letter should be provided that includes the following information (unless it is already included in the order):

• the name of the person specified in the application for the order, or the name by which they are known;
• a statement to the effect that disclosure of information about the investigation or falsifying, concealing, destroying or otherwise disposing of, or causing or permitting the falsification, concealment, destruction or disposal of documents which are relevant to the investigation maybe an offence under section 342 (offences of prejudicing investigation) punishable by up to five years’ imprisonment, a fine or both;
• the financial institution’s right to make an application to the sheriff to discharge or vary the account monitoring order; and,
• that the financial institution may wish to seek independent legal advice.