Code of Practice on the Exercise by Proper Persons of functions conferred by Chapter 3 of Part 8 of the Proceeds of Crme Act 2002
28 Nov 2019 11:16 AM
A revised Code of Practice made under Section 410 of POCA covering the exercise of powers of a Proper Person to execute certain investigative orders.
Chapter 1 – General
Purpose and Scope of the Code
This code is issued by the Scottish Ministers in accordance with section 410 of the Proceeds of Crime Act 2002 (POCA), and replaces the code issued in June 2009.
It provides guidance on the exercise of functions by "proper persons" (defined at s.412 of POCA) in Scotland in relation to investigative orders and warrants under Chapter 3 of Part 8 of POCA (as amended).
The purpose of this code is to:
- set out the principles in accordance with which proper persons carry out their functions;
- ensure consistency in the exercise of those functions; and
- specify the information to be recorded in relation to the exercise of those functions.
This code applies to the functions undertaken by proper persons in relation to the following investigative orders and warrants under Chapter 3 of Part 8 of POCA:
- Production orders – section 380;
- Ancillary orders to grant entry – section 382;
- Search warrants – section 387;
- Customer information orders – section 397; and
- Account monitoring orders – section 404.
A summary of these investigatory powers is set out in the table in Annex A to this code. This details the purpose of each order or warrant, and who can apply for it.
Definition of "proper person"
Generally, a "proper person" is one charged with the function of executing investigative orders and warrants. The "proper person" in each particular case depends on the type of investigation being carried out, and the specific investigatory power being exercised. Under section 412 of POCA, "proper person" means:
- in relation to a confiscation investigation or a money laundering investigation:
- a constable of the Police Service of Scotland;
- an officer of Revenue and Customs; or
- an immigration officer;
- in relation to a civil recovery investigation, a detained cash investigation, a detained property investigation or a frozen funds investigation it means the Scottish Ministers or a person named by them.
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