Production orders under the Proceeds of Crime Act 2002
Published by a LexisNexis Corporate Crime expert
Practice notesProduction orders under the Proceeds of Crime Act 2002
Published by a LexisNexis Corporate Crime expert
Practice notesProduction 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
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