Crime and Courts Act 2013

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Part 2 — Deferring the passing of sentence to allow for restorative justice

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Part 3 — Removal of limits on compensation orders made against adults

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In section 33B(5) of the Environmental Protection Act 1990 (limit on compensation in relation to conviction for certain environmental offences) after “payable” insert “ in case of young offender ”.

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Part 4 — Electronic monitoring of offenders

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The Criminal Justice Act 2003 is amended as follows.

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In section 192(3)(b) (reviews of suspended sentence order)—

• (a) after “electronic monitoring requirement” insert “ within section 215(1)(a) ”, and

• (b) for “190(1)” substitute “ 190(1)(a) to (l) ”.

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In section 197(1)(a) (meaning of “the responsible officer” where curfew or exclusion requirement imposed)—

• (a) in sub-paragraph (i)—

• (i) for “177(1)” substitute “ 177(1)(a) to (l) ”, and

• (ii) for “190(1)” substitute “ 190(1)(a) to (l) ”, and

• (b) in sub-paragraph (ii) after “requirement” insert “ within section 215(1)(a) ”.

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Part 5 — Community orders: further provision

Breaches of community orders

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Community order not to be made in case of knife etc offence attracting minimum sentence

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Part 6 — Statements of assets and other financial circumstances of offenders etc

Financial circumstances orders

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Further amendments

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In section 84 of the Magistrates' Courts Act 1980 (court's power to require statement of means)—

• (a) in subsection (1) (court may require statement of means before or on inquiring into means under section 82) for “means”, in the second place, substitute “ assets and other financial circumstances ”, and

• (b) in the title for “means” substitute “ assets and other financial circumstances ”.

26

In section 20A of the Criminal Justice Act 1991 (false statements as to financial circumstances)—

• (a) in subsection (1) (person charged with offence commits further offence if person responds to official request by making false statement etc as to financial circumstances) for “his financial circumstances” substitute “ financial circumstances (whether a statement of assets, of other financial circumstances or of both) ”, and

• (b) in subsection (1A) (person charged with offence commits further offence if person fails to provide statement of financial circumstances in response to official request) for “his financial circumstances in response to” substitute “ financial circumstances (whether a statement of assets, of other financial circumstances or of both) requested by ”.

27

In section 13B of the Crime and Disorder Act 1998 (parental compensation orders: the compensation)—

• (a) in subsection (4) (provision by parent or guardian of statement of financial circumstances) after “statement of his” insert “ assets and other ”, and

• (b) in subsection (6) (provision of false statement) omit “of his financial circumstances”.

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• (1) The Courts Act 2003 is amended as follows.

• (2) In paragraph 48 of Schedule 5 (offences relating to provision of information as to financial circumstances)—

• (a) in sub-paragraph (1) (person commits offence if person responds to relevant request by making false statement etc as to financial circumstances) for “his financial circumstances” substitute “ financial circumstances (whether a statement of assets, of other financial circumstances or of both) ”,

• (b) in sub-paragraph (3) (person commits offence if person fails to provide statement of financial circumstances in response to relevant request) for “statement of his financial circumstances to a fines officer in response to” substitute “ fines officer with a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) requested by ”, and

• (c) in sub-paragraph (5) (meaning of “relevant request”), in the opening words, after “information about P's financial circumstances” insert “ (whether about P's assets, P's other financial circumstances or both) ”.

• (3) In paragraph 2 of Schedule 6 (cases in which work order may be made)—

• (a) in sub-paragraph (3) (magistrates' court considering making work order may order person to give statement of means) for “means” substitute “ assets and other financial circumstances ”, and

• (b) in sub-paragraph (4) (application of section 84(2) and (4) of the Magistrates' Courts Act 1980) for “means” substitute “ assets and other financial circumstances ”.

Part 7 — Information to enable a court to deal with an offender

Power to disclose information

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• (1) The Secretary of State or a Northern Ireland Department, or a person providing services to the Secretary of State or a Northern Ireland Department, may disclose social security information to a relevant person.

• (2) Her Majesty's Revenue and Customs, or a person providing services to the Commissioners for Her Majesty's Revenue and Customs, may disclose finances information to a relevant person.

• (3) The disclosure authorised by sub-paragraph (1) or (2) is disclosure of the information concerned for use by a court that, in connection with dealing with a person (“the defendant”) for an offence, is inquiring into or determining the defendant's financial circumstances.

• (4) Sub-paragraphs (1) and (2) do not authorise disclosure in a particular case at a time when the defendant is under 18.

• (5) Information disclosed to a relevant person under sub-paragraph (1) or (2) or paragraph (a)(ii)—

• (a) must not be further disclosed by the relevant person except—

• (i) to a court that, in connection with dealing with the defendant for the offence, is inquiring into or determining the defendant's financial circumstances, or

• (ii) to another relevant person who wants social security information or finances information in order that it can be put before a court that, in connection with dealing with the defendant for the offence, is inquiring into or determining the defendant's financial circumstances, and

• (b) must not be used by the relevant person otherwise than for the purpose of disclosing it as mentioned in paragraph (a)(i) or (ii).

• (6) Sub-paragraphs (1), (2) and (5)(a) not only authorise disclosure after conviction of the defendant but also authorise disclosure at any time after the defendant is first charged with the offence.

• (7) Sub-paragraph (5) does not prohibit—

• (a) disclosure to the defendant, or to a person representing the defendant in any proceedings in connection with the offence;

• (b) disclosure or use of information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it;

• (c) disclosure or use of information which has previously been disclosed to the public with lawful authority;

• (d) disclosure or use of information so far as necessary to comply with—

• (i) an order of a court,

• (ii) an order of a tribunal established by or under an Act, or

• (iii) a duty imposed by or under an Act.

• (8) In sub-paragraph (7) “court” means any court, but elsewhere in this paragraph “court” means—

• (a) a magistrates' court, or the Crown Court, in England and Wales,

• (b) the Court Martial, the Service Civilian Court or the Summary Appeal Court, or

• (c) any court hearing an appeal (including an appeal by case stated) from a court within paragraph (a) or (b).

• (9) In this paragraph—

• “finances information” means information which—is about a person's income, gains or capital, andis held—by Her Majesty's Revenue and Customs, orby a person providing services to the Commissioners for Her Majesty's Revenue and Customs in connection with the provision of those services,or information which is held with information so held;

• “relevant person” means—a person who is appointed by the Lord Chancellor under section 2(1) of the Courts Act 2003 or provided under a contract made by virtue of section 2(4) of that Act,a person who is a member of or on the staff of the Service Prosecuting Authority, ora person not within paragraph (b) who is, or who is assisting, a person engaged to represent the Service Prosecuting Authority in proceedings before a court;

• “Service Prosecuting Authority” means—the Director of Service Prosecutions, andthe persons appointed under section 365 of the Armed Forces Act 2006 (prosecuting officers);

• “social security information” means information which is held for the purposes of functions relating to social security—by the Secretary of State or a Northern Ireland Department, orby a person providing services to the Secretary of State, or a Northern Ireland Department, in connection with the provision of those services,or information which is held with information so held.

• (10) The reference in sub-paragraph (9) to functions relating to social security includes a reference to functions relating to any of the matters listed in section 127(8) of the Welfare Reform Act 2012 (statutory payments and maternity allowances).

Offence where information wrongly used or disclosed

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• (1) It is an offence for a person to disclose or use information in contravention of paragraph 29(5).

• (2) It is a defence for a person charged with an offence under sub-paragraph (1) to prove that the person reasonably believed that the disclosure or use concerned was lawful.

• (3) A person guilty of an offence under sub-paragraph (1) is liable—

• (a) on conviction on indictment—

• (i) to imprisonment for a term not exceeding 2 years, or

• (ii) to a fine, or

• (iii) to both;

• (b) on summary conviction—

• (i) to imprisonment for a period not exceeding 12 months or the general limit in a magistrates’ court, or

• (ii) to a fine not exceeding the statutory maximum, or

• (iii) to both.

• (4) Sub-paragraph (3)(b) applies—

• (a) in England and Wales in relation to offences committed before 2 May 2022, and

• (b) in Northern Ireland,

as if the reference to 12 months or the general limit in a magistrates’ court were a reference to 6 months.

• (5) A prosecution for an offence under sub-paragraph (1)—

• (a) may be instituted in England and Wales only by or with the consent of the Director of Public Prosecutions, and

• (b) may be instituted in Northern Ireland only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Part 8 — Related amendments in Armed Forces Act 2006

Community orders: punitive elements

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The Armed Forces Act 2006 is amended as follows.

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In section 178 (service community orders), in subsection (3) (provisions of the 2003 Act in which “community order” includes a service community order) for “177(3)” substitute “ 177(2A) ”.

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• (1) Section 182 (overseas community orders) is amended as follows.

• (2) After subsection (3) insert—

(3A) In section 177(2A) and (2B) of the 2003 Act (community orders: punitive elements) “community order” includes an overseas community order if the offender is aged 18 or over when convicted of the offence in respect of which the overseas community order is made.

• (3) In subsection (5) (provisions of the 2003 Act in which “court” includes a relevant service court) for “those provisions” substitute “ the provisions of the 2003 Act mentioned in subsections (3A) and (4) ”.

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In section 270 (restrictions on community punishments) after subsection (2) insert—

(2A) Subsection (2) is subject to section 177(2A) of the 2003 Act (community orders: punitive elements) as applied by section 178(3) and section 182(3A).

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An amendment made by any of paragraphs 32 to 34 does not affect orders in respect of offences committed before the amendment comes into force.

Removal of limits on compensation orders made against adults

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• (1) Section 284 of the Armed Forces Act 2006 (Service Civilian Court compensation orders etc: maximum amounts) is amended as follows.

• (2) After subsection (2) insert—

(2A) The following subsections apply if (but only if) the Service Civilian Court has convicted a person aged under 18 (“the offender”) of an offence or offences.

• (3) In subsection (3) (compensation in respect of an offence not to exceed amount mentioned in section 131(1) of the Powers of Criminal Courts (Sentencing) Act 2000) for “any offence of which the court has convicted the offender” substitute “ the offence, or any one of the offences, ”.

• (4) Nothing in this paragraph affects orders in respect of offences committed before the day on which this paragraph comes into force.

Electronic monitoring of offenders

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• (1) The Armed Forces Act 2006 is amended as follows.

• (2) In section 182(1A) (requirements which may not be included in overseas community orders) at the end insert “ or (m) (an electronic monitoring requirement) ”.

• (3) In section 183(1) (provisions of Criminal Justice Act 2003 which do not apply to overseas community orders) for “section 215” substitute “ sections 215 and 215A ”.

Statements of assets and other financial circumstances of offenders etc

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In section 266(2) of the Armed Forces Act 2006 (meaning of “financial statement order”) after “statement of his” insert “ assets and other ”.

SCHEDULE 17

Part 1 — General

Characteristics of a deferred prosecution agreement

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• (1) A deferred prosecution agreement (a “DPA”) is an agreement between a designated prosecutor and a person (“P”) whom the prosecutor is considering prosecuting for an offence specified in Part 2 (the “alleged offence”).

• (2) Under a DPA—

• (a) P agrees to comply with the requirements imposed on P by the agreement;

• (b) the prosecutor agrees that, upon approval of the DPA by the court (see paragraph 8), paragraph 2 is to apply in relation to the prosecution of P for the alleged offence.

Effect of DPA on court proceedings

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• (1) Proceedings in respect of the alleged offence are to be instituted by the prosecutor in the Crown Court by preferring a bill of indictment charging P with the alleged offence (see section 2(2)(ba) of the Administration of Justice (Miscellaneous Provisions) Act 1933 (bill of indictment preferred with consent of Crown Court judge following DPA approval)).

• (2) As soon as proceedings are instituted under sub-paragraph (1) they are automatically suspended.

• (3) The suspension may only be lifted on an application to the Crown Court by the prosecutor; and no such application may be made at any time when the DPA is in force.

• (4) At a time when proceedings are suspended under sub-paragraph (2), no other person may prosecute P for the alleged offence.

Designated prosecutors

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• (1) The following are designated prosecutors—

• (a) the Director of Public Prosecutions;

• (b) the Director of the Serious Fraud Office;

• (c) any prosecutor designated under this paragraph by an order made by the Secretary of State.

• (2) A designated prosecutor must exercise personally the power to enter into a DPA and, accordingly, any enactment that enables a function of a designated prosecutor to be exercised by a person other than the prosecutor concerned does not apply.

• (3) But if the designated prosecutor is unavailable, the power to enter into a DPA may be exercised personally by a person authorised in writing by the designated prosecutor.

Persons who may enter into a DPA with a prosecutor

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• (1) P may be a body corporate, a partnership or an unincorporated association, but may not be an individual.

• (2) In the case of a DPA between a prosecutor and a partnership—

• (a) the DPA must be entered into in the name of the partnership (and not in that of any of the partners);

• (b) any money payable under the DPA must be paid out of the funds of the partnership.

• (3) In the case of a DPA between a prosecutor and an unincorporated association—

• (a) the DPA must be entered into in the name of the association (and not in that of any of its members);

• (b) any money payable under the DPA must be paid out of the funds of the association.

Content of a DPA

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• (1) A DPA must contain a statement of facts relating to the alleged offence, which may include admissions made by P.

• (2) A DPA must specify an expiry date, which is the date on which the DPA ceases to have effect if it has not already been terminated under paragraph 9 (breach).

• (3) The requirements that a DPA may impose on P include, but are not limited to, the following requirements—

• (a) to pay to the prosecutor a financial penalty;

• (b) to compensate victims of the alleged offence;

• (c) to donate money to a charity or other third party;

• (d) to disgorge any profits made by P from the alleged offence;

• (e) to implement a compliance programme or make changes to an existing compliance programme relating to P's policies or to the training of P's employees or both;

• (f) to co-operate in any investigation related to the alleged offence;

• (g) to pay any reasonable costs of the prosecutor in relation to the alleged offence or the DPA.

The DPA may impose time limits within which P must comply with the requirements imposed on P.

• (4) The amount of any financial penalty agreed between the prosecutor and P must be broadly comparable to the fine that a court would have imposed on P on conviction for the alleged offence following a guilty plea.

• (5) A DPA may include a term setting out the consequences of a failure by P to comply with any of its terms.

Code on DPAs

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• (1) The Director of Public Prosecutions and the Director of the Serious Fraud Office must jointly issue a Code for prosecutors giving guidance on—

• (a) the general principles to be applied in determining whether a DPA is likely to be appropriate in a given case, and

• (b) the disclosure of information by a prosecutor to P in the course of negotiations for a DPA and after a DPA has been agreed.

• (2) The Code may also give guidance on any other relevant matter, including—

• (a) the use of information obtained by a prosecutor in the course of negotiations for a DPA;

• (b) variation of a DPA;

• (c) termination of a DPA and steps that may be taken by a prosecutor following termination;

• (d) steps that may be taken by a prosecutor when the prosecutor suspects a breach of a DPA.

• (3) The Code must be set out in the report made by the Director of Public Prosecutions to the Attorney General under section 9 of the Prosecution of Offences Act 1985 for the year in which the Code is issued.

• (4) The Code may from time to time be altered or replaced by agreement between—

• (a) the Director of Public Prosecutions,

• (b) the Director of the Serious Fraud Office, and

• (c) any prosecutor who is for the time being designated by an order made under paragraph 3.

• (5) If the Code is altered or replaced, the new Code must be set out in the report made by the Director of Public Prosecutions to the Attorney General under section 9 of the Prosecution of Offences Act 1985 for the year in which the Code is altered or replaced.

• (6) A prosecutor must take account of the Code in exercising functions under this Schedule.

Court approval of DPA: preliminary hearing

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• (1) After the commencement of negotiations between a prosecutor and P in respect of a DPA but before the terms of the DPA are agreed, the prosecutor must apply to the Crown Court for a declaration that—

• (a) entering into a DPA with P is likely to be in the interests of justice, and

• (b) the proposed terms of the DPA are fair, reasonable and proportionate.

• (2) The court must give reasons for its decision on whether or not to make a declaration under sub-paragraph (1).

• (3) The prosecutor may make a further application to the court for a declaration under sub-paragraph (1) if, following the previous application, the court declined to make a declaration.

• (4) A hearing at which an application under this paragraph is determined must be held in private, any declaration under sub-paragraph (1) must be made in private, and reasons under sub-paragraph (2) must be given in private.

Court approval of DPA: final hearing

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• (1) When a prosecutor and P have agreed the terms of a DPA, the prosecutor must apply to the Crown Court for a declaration that—

• (a) the DPA is in the interests of justice, and

• (b) the terms of the DPA are fair, reasonable and proportionate.

• (2) But the prosecutor may not make an application under sub-paragraph (1) unless the court has made a declaration under paragraph 7(1) (declaration on preliminary hearing).

• (3) A DPA only comes into force when it is approved by the Crown Court making a declaration under sub-paragraph (1).

• (4) The court must give reasons for its decision on whether or not to make a declaration under sub-paragraph (1).

• (5) A hearing at which an application under this paragraph is determined may be held in private.

• (6) But if the court decides to approve the DPA and make a declaration under sub-paragraph (1) it must do so, and give its reasons, in open court.

• (7) Upon approval of the DPA by the court, the prosecutor must publish—

• (a) the DPA,

• (b) the declaration of the court under paragraph 7 and the reasons for its decision to make the declaration,

• (c) in a case where the court initially declined to make a declaration under paragraph 7, the court's reason for that decision, and

• (d) the court's declaration under this paragraph and the reasons for its decision to make the declaration,

unless the prosecutor is prevented from doing so by an enactment or by an order of the court under paragraph 12 (postponement of publication to avoid prejudicing proceedings).

Breach of DPA

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• (1) At any time when a DPA is in force, if the prosecutor believes that P has failed to comply with the terms of the DPA, the prosecutor may make an application to the Crown Court under this paragraph.

• (2) On an application under sub-paragraph (1) the court must decide whether, on the balance of probabilities, P has failed to comply with the terms of the DPA.

• (3) If the court finds that P has failed to comply with the terms of the DPA, it may—

• (a) invite the prosecutor and P to agree proposals to remedy P's failure to comply, or

• (b) terminate the DPA.

• (4) The court must give reasons for its decisions under sub-paragraphs (2) and (3).

• (5) Where the court decides that P has not failed to comply with the terms of the DPA, the prosecutor must publish the court's decision and its reasons for that decision, unless the prosecutor is prevented from doing so by an enactment or by an order of the court under paragraph 12 (postponement of publication to avoid prejudicing proceedings).

• (6) Where the court invites the prosecutor and P to agree proposals to remedy P's failure to comply, the prosecutor must publish the court's decisions under sub-paragraphs (2) and (3) and the reasons for those decisions, unless the prosecutor is prevented from doing so by an enactment or by an order of the court under paragraph 12 (postponement of publication to avoid prejudicing proceedings).

• (7) Where the court terminates a DPA under sub-paragraph (3)(b), the prosecutor must publish—

• (a) the fact that the DPA has been terminated by the court following a failure by P to comply with the terms of the DPA, and

• (b) the court's reasons for its decisions under sub-paragraphs (2) and (3),

unless the prosecutor is prevented from doing so by an enactment or by an order of the court under paragraph 12 (postponement of publication to avoid prejudicing proceedings).

• (8) If the prosecutor believes that P has failed to comply with the terms of the DPA but decides not to make an application to the Crown Court under this paragraph, the prosecutor must publish details relating to that decision, including—

• (a) the reasons for the prosecutor's belief that P has failed to comply, and

• (b) the reasons for the prosecutor's decision not to make an application to the court,

unless the prosecutor is prevented from doing so by an enactment or by an order of the court under paragraph 12 (postponement of publication to avoid prejudicing proceedings).

Variation of DPA

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• (1) At any time when a DPA is in force, the prosecutor and P may agree to vary its terms if—

• (a) the court has invited the parties to vary the DPA under paragraph 9(3)(a), or

• (b) variation of the DPA is necessary to avoid a failure by P to comply with its terms in circumstances that were not, and could not have been, foreseen by the prosecutor or P at the time that the DPA was agreed.

• (2) When the prosecutor and P have agreed to vary the terms of a DPA, the prosecutor must apply to the Crown Court for a declaration that—

• (a) the variation is in the interests of justice, and

• (b) the terms of the DPA as varied are fair, reasonable and proportionate.

• (3) A variation of a DPA only takes effect when it is approved by the Crown Court making a declaration under sub-paragraph (2).

• (4) The court must give reasons for its decision on whether or not to make a declaration under sub-paragraph (2).

• (5) A hearing at which an application under this paragraph is determined may be held in private.

• (6) But if the court decides to approve the variation and make a declaration under sub-paragraph (2) it must do so, and give its reasons, in open court.

• (7) Where the court decides not to approve the variation, the prosecutor must publish the court's decision and the reasons for it, unless the prosecutor is prevented from doing so by an enactment or by an order of the court under paragraph 12 (postponement of publication to avoid prejudicing proceedings).

• (8) Where the court decides to approve the variation the prosecutor must publish—

• (a) the DPA as varied, and

• (b) the court's declaration under this paragraph and the reasons for its decision to make the declaration,

unless the prosecutor is prevented from doing so by an enactment or by an order of the court under paragraph 12 (postponement of publication to avoid prejudicing proceedings).

Discontinuance of proceedings on expiry of DPA

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• (1) If a DPA remains in force until its expiry date, then after the expiry of the DPA the proceedings instituted under paragraph 2(1) are to be discontinued by the prosecutor giving notice to the Crown Court that the prosecutor does not want the proceedings to continue.

• (2) Where proceedings are discontinued under sub-paragraph (1), fresh criminal proceedings may not be instituted against P for the alleged offence.

• (3) But sub-paragraph (2) does not prevent fresh proceedings from being instituted against P in a case where, after a DPA has expired, the prosecutor finds that, during the course of the negotiations for the DPA—

• (a) P provided inaccurate, misleading or incomplete information to the prosecutor, and

• (b) P knew or ought to have known that the information was inaccurate, misleading or incomplete.

• (4) A DPA is not to be treated as having expired for the purposes of sub-paragraph (1) if, on the expiry date specified in the DPA—

• (a) an application made by the prosecutor under paragraph 9 (breach) has not yet been decided by the court,

• (b) following an application under paragraph 9 the court has invited the parties to agree proposals to remedy P's failure to comply, but the parties have not yet reached an agreement, or

• (c) the parties have agreed proposals to remedy P's failure to comply following an invitation of the court under paragraph 9(3)(a) but P has not yet complied with the agreement.

• (5) In the case mentioned in sub-paragraph (4)(a)—

• (a) if the court decides that P has not failed to comply with the terms of the DPA, or that P has failed to comply but does not take action under paragraph 9(3), the DPA is to be treated as expiring when the application is decided;

• (b) if the court terminates the DPA, the DPA is to be treated as not having remained in force until its expiry date (and sub-paragraph (1) therefore does not apply);

• (c) if the court invites the parties to agree proposals to remedy P's failure to comply, the DPA is to be treated as expiring when the parties have reached such an agreement and P has complied with it.

• (6) In the case mentioned in sub-paragraph (4)(b), the DPA is to be treated as expiring when the parties have reached an agreement and P has complied with it.

• (7) In the case mentioned in sub-paragraph (4)(c), the DPA is to be treated as expiring when P complies with the agreement.

• (8) Where proceedings are discontinued under sub-paragraph (1), the prosecutor must publish—

• (a) the fact that the proceedings have been discontinued, and

• (b) details of P's compliance with the DPA,

unless the prosecutor is prevented from doing so by an enactment or by an order of the court under paragraph 12 (postponement of publication to avoid prejudicing proceedings).

Court order postponing publication of information by prosecutor

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The court may order that the publication of information by the prosecutor under paragraph 8(7), 9(5), (6), (7) or (8), 10(7) or (8) or 11(8) be postponed for such period as the court considers necessary if it appears to the court that postponement is necessary for avoiding a substantial risk of prejudice to the administration of justice in any legal proceedings.

Use of material in criminal proceedings

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• (1) Sub-paragraph (2) applies where a DPA between a prosecutor and P has been approved by the Crown Court under paragraph 8.

• (2) The statement of facts contained in the DPA is, in any criminal proceedings brought against P for the alleged offence, to be treated as an admission by P under section 10 of the Criminal Justice Act 1967 (proof by formal admission).

• (3) Sub-paragraph (4) applies where a prosecutor and P have entered into negotiations for a DPA but the DPA has not been approved by the Crown Court under paragraph 8.

• (4) Material described in sub-paragraph (6) may only be used in evidence against P—

• (a) on a prosecution for an offence consisting of the provision of inaccurate, misleading or incomplete information, or

• (b) on a prosecution for some other offence where in giving evidence P makes a statement inconsistent with the material.

• (5) However, material may not be used against P by virtue of sub-paragraph (4)(b) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of P in the proceedings arising out of the prosecution.

• (6) The material is—

• (a) material that shows that P entered into negotiations for a DPA, including in particular—

• (i) any draft of the DPA;

• (ii) any draft of a statement of facts intended to be included within the DPA;

• (iii) any statement indicating that P entered into such negotiations;

• (b) material that was created solely for the purpose of preparing the DPA or statement of facts.

Money received by prosecutor under a DPA

14

Any money received by a prosecutor under a term of a DPA that provides for P to pay a financial penalty to the prosecutor or to disgorge profits made from the alleged offence is to be paid into the Consolidated Fund.

Part 2 — Offences in relation to which a DPA may be entered into

Common law offences

15

Conspiracy to defraud.

16

Cheating the public revenue.

Statutory offences

17

An offence under any of the following sections of the Theft Act 1968—

• (a) section 1 (theft);

• (b) section 17 (false accounting);

• (c) section 20 (suppression etc of documents);

• (d) section 24A (dishonestly retaining a wrongful credit).

18

An offence under any of the following sections of the Customs and Excise Management Act 1979—

• (a) section 68 (offences in relation to exportation of prohibited or restricted goods);

• (b) section 167 (untrue declarations etc);

• (c) section 170 (fraudulent evasion of duty etc).

19

An offence under any of the following sections of the Forgery and Counterfeiting Act 1981—

• (a) section 1 (forgery);

• (b) section 2 (copying a false instrument);

• (c) section 3 (using a false instrument);

• (d) section 4 (using a copy of a false instrument);

• (e) section 5 (offences relating to money orders, share certificates, passports etc).

20

An offence under section 450 of the Companies Act 1985 (destroying, mutilating etc company documents).

21

An offence under section 72 of the Value Added Tax Act 1994 (fraudulent evasion of VAT).

22

An offence under any of the following sections of the Financial Services and Markets Act 2000—

• (a) section 23 (contravention of prohibition of carrying on regulated activity unless authorised or exempt);

• (b) section 25 (contravention of restrictions on financial promotion);

• (c) section 85 (prohibition of dealing etc in transferable securities without approved prospectus);

• (d) section 346 (provision of false or misleading statements to auditor or actuary);

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) section 398 (misleading the FSA).

23

An offence under any of the following sections of the Proceeds of Crime Act 2002—

• (a) section 327 (concealing etc criminal property);

• (b) section 328 (arrangements facilitating acquisition etc of criminal property);

• (c) section 329 (acquisition, use and possession of criminal property);

• (d) section 330 (failing to disclose knowledge or suspicion of money laundering);

• (e) section 333A (tipping off).

24

An offence under any of the following sections of the Companies Act 2006—

• (a) section 658 (general rule against limited company acquiring its own shares);

• (b) section 680 (prohibited financial assistance);

• (c) section 993 (fraudulent trading).

25

An offence under any of the following sections of the Fraud Act 2006—

• (a) section 1 (fraud);

• (b) section 6 (possession etc of articles for use in frauds);

• (c) section 7 (making or supplying articles for use in frauds);

• (d) section 11 (obtaining services dishonestly).

26

An offence under any of the following sections of the Bribery Act 2010—

• (a) section 1 (bribing another person);

• (b) section 2 (being bribed);

• (c) section 6 (bribery of foreign public officials);

• (d) section 7 (failure of commercial organisations to prevent bribery).

27

An offence under regulation 86 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

Ancillary offences

28

Any ancillary offence relating to an offence specified in this Part.

Interpretation of this Part

29

“Ancillary offence”, in relation to an offence, means—

• (a) aiding, abetting, counselling or procuring the commission of the offence;

• (b) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence;

• (c) attempting or conspiring to commit the offence.

30

This Schedule applies in relation to conduct occurring before the commencement of this Schedule as if an offence specified in this Part included any corresponding offence under the law in force at the time of the conduct (and for the purposes of this paragraph, the common law offence of inciting the commission of another offence is to be treated as an offence corresponding to an offence under Part 2 of the Serious Crime Act 2007).

Power to amend this Part

31

The Secretary of State may by order amend this Part by—

• (a) adding an offence of financial or economic crime;

• (b) removing an offence.

Part 3 — Consequential and transitional provision

Consequential amendments

32

In section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders), in subsection (2) after paragraph (b) insert—

(ba) the bill is preferred with the consent of a judge of the Crown Court following a declaration by the court under paragraph 8(1) of Schedule 17 to the Crime and Courts Act 2013 (court approval of deferred prosecution agreement); or

.

33

In section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (issue of witness summons on application to the Crown Court), after subsection (6) insert—

(6A) Where the proceedings concerned relate to an offence that is the subject of a deferred prosecution agreement within the meaning of Schedule 17 to the Crime and Courts Act 2013, an application must be made as soon as is reasonably practicable after the suspension of the proceedings is lifted under paragraph 2(3) of that Schedule.

34

In Schedule 1 to the Contempt of Court Act 1981 (times when proceedings are active for purposes of strict liability rule for contempt of court), in paragraph 7, after paragraph (aa) insert—

(ab) in England and Wales, if they are discontinued by virtue of paragraph 11 of Schedule 17 to the Crime and Courts Act 2013 (deferred prosecution agreements);

.

35

In section 15 of the Prosecution of Offences Act 1985 (interpretation), in subsection (2)(d) after “(b)” insert “ or (ba) ”.

36

In section 51 of the Criminal Justice and Public Order Act 1994 (intimidation etc of witnesses, jurors and others), in subsection 10(a)(iii) after “2(2)(b)” insert “ or (ba) ”.

37

• (1) The Criminal Procedure and Investigations Act 1996 is amended as follows.

• (2) In section 1 (application of Part 1: disclosure), in subsection (2), after paragraph (f) insert

, or (g) following the preferment of a bill of indictment charging a person with an indictable offence under the authority of section 2(2)(ba) of the Administration of Justice (Miscellaneous Provisions) Act 1933 (bill of indictment preferred with consent of Crown Court judge following approval of deferred prosecution agreement), the suspension of the proceedings against the person under paragraph 2(2) of Schedule 17 to the Crime and Courts Act 2013 is lifted under paragraph 2(3) of that Schedule.

• (3) In section 28 (application of Part 3: preparatory hearings), in subsection (1)(c) after “2(2)(b)” insert “ or (ba) ”.

• (4) In section 39 (meaning of pre-trial hearing), in subsection (2)(a) after “2(2)(b)” insert “ or (ba) ”.

• (5) In Schedule 3 (fraud), in paragraph 8(1)(c) after “2(2)(b)” insert “ or (ba) ”.

38

In section 85 of the Proceeds of Crime Act 2002 (proceedings), in subsection (1)(c) at the end insert “ or subsection (2)(ba) of that section (preferment by Crown Court judge following approval of deferred prosecution agreement) ”.

Transitional provision

39

• (1) Conduct constituting an alleged offence that occurred before the relevant commencement day may be taken into account for the purposes of this Schedule.

• (2) In this paragraph, the “relevant commencement day” means—

• (a) in a case where the alleged offence is an offence that is specified in Part 2 when this Schedule comes into force, the day on which this Schedule comes into force;

• (b) in a case where the alleged offence is an offence that is subsequently added to Part 2 (whether by order under paragraph 31 or otherwise), the day when the enactment adding that offence to Part 2 comes into force.

SCHEDULE 18

Part 1 — Enforcement of interim orders in the United Kingdom

1

Section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of UK judgments in other parts of UK) is amended as follows.

2

In subsection (5)(d) (provisional measures), at the end insert “ or an interim order made in connection with the civil recovery of proceeds of unlawful conduct ”.

3

After subsection (6) insert—

(6A) In subsection (5)(d), “an interim order made in connection with the civil recovery of proceeds of unlawful conduct” means any of the following made under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002— (a) a property freezing order or prohibitory property order; (b) an order under section 245E or 245F of that Act (order relating to receivers in connection with property freezing order); (c) an interim receiving order or interim administration order.

Part 2 — Property or evidence outside the United Kingdom

4

Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of unlawful conduct) is amended as follows.

5

In section 280 (applying realised proceeds), in subsection (1), for “This section applies to” substitute “ Subsection (2) applies to sums which are in the hands of the trustee for civil recovery if they are ”.

6

After section 282A insert—

(282B) (1) This section applies if— (a) the property freezing conditions are met in relation to property, (b) the property is not property to which a recovery order applies, and (c) an enforcement authority in relation to England and Wales or Scotland believes that the property is in a country outside the United Kingdom (the receiving country). (2) The property freezing conditions are— (a) in England and Wales, the conditions in section 245A(5) and (6), and (b) in Scotland, the conditions in section 255A(5) and (6), and, for the purposes of this subsection, the references in those provisions to property to which the application for the order relates are to be read as references to the property mentioned in subsection (1)(a). (3) The enforcement authority may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section. (4) The Secretary of State may forward the request for assistance to the government of the receiving country. (5) A request for assistance under this section is a request to the government of the receiving country— (a) to secure that any person is prohibited from dealing with the property; (b) for assistance in connection with the management of the property, including with securing its detention, custody or preservation. (282C) (1) This section applies if— (a) a property freezing order made by the High Court in England and Wales has effect in relation to property, and (b) the receiver appointed under section 245E in respect of the property believes that it is in a country outside the United Kingdom (the receiving country). (2) This section also applies if— (a) an interim receiving order made by the High Court in England and Wales or an interim administration order has effect in relation to property, and (b) the interim receiver or interim administrator believes that the property is in a country outside the United Kingdom (the receiving country). (3) The receiver or administrator may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section. (4) The Secretary of State must forward the request for assistance to the government of the receiving country. (5) A request for assistance under this section is a request to the government of the receiving country— (a) to secure that any person is prohibited from dealing with the property; (b) for assistance in connection with the management of the property, including with securing its detention, custody or preservation. (282D) (1) This section applies if— (a) an interim receiving order made by the High Court in England and Wales or an interim administration order has effect in relation to property, and (b) the order requires the interim receiver or interim administrator to take steps to establish a matter described in section 247(2)(a) or (b) or 257(2)(a) or (b). (2) The interim receiver or interim administrator may request assistance under this section if the interim receiver or interim administrator thinks that there is relevant evidence in a country outside the United Kingdom. (3) A judge of the High Court in England and Wales may request assistance under this section if— (a) an application is made by the interim receiver or by a person subject to investigation by the interim receiver, and (b) the judge thinks that there is relevant evidence in a country outside the United Kingdom. (4) A judge of the Court of Session may request assistance under this section if— (a) an application is made by the interim administrator or by a person subject to investigation by the interim administrator, and (b) the judge thinks that there is relevant evidence in a country outside the United Kingdom. (5) The assistance that may be requested under this section is assistance in obtaining outside the United Kingdom relevant evidence specified in the request. (6) Relevant evidence is— (a) in relation to an application or request made for the purposes of an investigation by an interim receiver, evidence as to a matter described in section 247(2)(a) or (b); (b) in relation to an application or request made for the purposes of an investigation by an interim administrator, evidence as to a matter described in section 257(2)(a) or (b). (7) 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 concerned, or (c) to an authority recognised by the government of the country concerned as the appropriate authority for receiving requests for assistance of that kind. (8) 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 (7). (9) The Secretary of State must forward the request for assistance to the court, tribunal, government or authority. (10) In a case of urgency, a request for assistance under this section may be sent to— (a) the International Criminal Police Organisation, or (b) any person competent to receive it under any provisions adopted under the EU Treaties, for forwarding to the court, tribunal, government or authority mentioned in subsection (7). (11) 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. (12) “Evidence” includes documents, information in any other form and material. (282E) (1) This section applies to evidence obtained by means of a request for assistance under section 282D. (2) The evidence must not be used for any purpose other than— (a) for the purposes of carrying out the functions of the interim receiver or interim administrator, or (b) for the purposes of proceedings under this Chapter of this Part in respect of property described in subsection (3) or any proceedings arising out of such proceedings. (3) That property is— (a) the property that is the subject of the interim receiving order or interim administration order, or (b) other property that is recoverable property in respect of the same unlawful conduct. (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. (5) In Scotland, the evidence may be received in evidence without being sworn to by anyone, so far as that may be done without unfairness to any party. (282F) (1) This section applies if— (a) a recovery order made by the High Court in England and Wales or the Court of Session has effect in relation to property, and (b) the enforcement authority or the trustee for civil recovery believes that the property is in a country outside the United Kingdom (the receiving country). (2) The enforcement authority or trustee for civil recovery may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section. (3) The Secretary of State may forward a request for assistance from the enforcement authority to the government of the receiving country. (4) The Secretary of State must forward a request for assistance from the trustee for civil recovery to the government of the receiving country. (5) A request for assistance is a request to the government of the receiving country for assistance in connection with the management and disposal of the property and includes a request— (a) to secure the detention, custody or preservation of the property; (b) in the case of money, to secure that it is applied in accordance with the law of the receiving country; (c) in the case of property other than money, to secure that the property is realised and the proceeds are applied in accordance with the law of the receiving country. (6) A certificate purporting to be issued by or on behalf of the government of the receiving country is admissible as evidence of the facts it states if it states— (a) that property has been realised in pursuance of a request under this section, (b) the date of realisation, and (c) the proceeds of realisation.

SCHEDULE 19

Part 1 — Civil recovery investigations

1

Part 8 of the Proceeds of Crime Act 2002 (investigations) is amended as follows.

Meaning of “civil recovery investigation”

2

In section 341 (investigations), for subsections (2) and (3) substitute—

(2) For the purposes of this Part a civil recovery investigation is an investigation for the purpose of identifying recoverable property or associated property and includes investigation into— (a) whether property is or has been recoverable property or associated property, (b) who holds or has held property, (c) what property a person holds or has held, or (d) the nature, extent or whereabouts of property. (3) But an investigation is not a civil recovery investigation to the extent that it relates to— (a) property in respect of which proceedings for a recovery order have been started, (b) property to which an interim receiving order applies, (c) property to which an interim administration order applies, or (d) property detained under section 295.

3

After that section insert—

(341A) Where an application under this Part for an order or warrant specifies property that is subject to a civil recovery investigation, references in this Part to the investigation for the purposes of which the order or warrant is sought include investigation into— (a) whether a person who appears to hold or to have held the specified property holds or has held other property, (b) whether the other property is or has been recoverable property or associated property, and (c) the nature, extent or whereabouts of the other property.

Production orders: England and Wales

4

In section 345 (production orders), in subsection (2)(a), after “confiscation investigation” insert “ , a civil recovery investigation ”.

5

In section 346 (requirements for making of production order), in subsection (2), for paragraph (b) substitute—

(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;

.

Search and seizure warrants: England and Wales

6

In section 352 (search and seizure warrants), in subsection (2)(a), after “confiscation investigation” insert “ , a civil recovery investigation ”.

7

• (1) Section 353 (requirements where production order not available) is amended as follows.

• (2) In subsection (2), for paragraph (b) substitute—

(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;

.

• (3) In subsection (7), for paragraph (a) substitute—

(a) relates to the person or property specified in the application or to any of the questions listed in subsection (7ZA), and

.

• (4) After that subsection insert—

(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.

Disclosure orders: England and Wales

8

In section 357 (disclosure orders), in subsection (3)(b), at the beginning insert “ a person specified in the application or ”.

9

In section 358 (requirements for making of disclosure order), in subsection (2), for paragraph (b) substitute—

(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;

.

Customer information orders: England and Wales

10

In section 363 (customer information orders), in subsection (2)—

• (a) after “confiscation investigation” insert “ , a civil recovery investigation ”, and

• (b) omit paragraph (b) (and the “or” before it).

11

In section 365 (requirements for making of customer information order), for subsection (3) substitute—

(3A) In the case of a civil recovery investigation, there must be reasonable grounds for suspecting that the person specified in the application— (a) holds recoverable property or associated property, or (b) has, at any time, held property that was recoverable property or associated property at the time.

Account monitoring orders: England and Wales

12

In section 370 (account monitoring orders), in subsection (2)—

• (a) after “confiscation investigation” insert “ , a civil recovery investigation ”, and

• (b) omit paragraph (b) (and the “or” before it).

13

In section 371 (requirements for making of account monitoring order), for subsection (3) substitute—

(3A) In the case of a civil recovery investigation, there must be reasonable grounds for suspecting that the person specified in the application holds recoverable property or associated property.

Production orders: Scotland

14

• (1) Section 380 (production orders) is amended as follows.

• (2) In subsection (2), omit “property subject to”.

• (3) In subsection (3)(a), after “confiscation investigation” insert “ , a civil recovery investigation ”.

15

• (1) In section 381 (requirements for making of production order), in subsection (2), for paragraph (b) substitute—

(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;

.

Search warrants: Scotland

16

• (1) Section 387 (search warrants) is amended as follows.

• (2) In subsection (2), omit “property subject to”.

• (3) In subsection (3)(a), after “confiscation investigation” insert “ , a civil recovery investigation ”.

17

• (1) Section 388 (requirements where production order not available) is amended as follows.

• (2) In subsection (2), for paragraph (b) substitute—

(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;

.

• (3) In subsection (7), for paragraph (a) substitute—

(a) relates to the person or property specified in the application or to any of the questions listed in subsection (7ZA), and

.

• (4) After that subsection insert—

(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.

Disclosure orders: Scotland

18

In section 391 (disclosure orders), in subsection (3)(b), at the beginning insert “ a person specified in the application or ”.

19

In section 392 (requirements for making of disclosure order), in subsection (2), for paragraph (b) substitute—

(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;

.

Customer information orders: Scotland

20

• (1) Section 397 (customer information orders) is amended as follows.

• (2) In subsection (2), omit “property subject to”.

• (3) In subsection (3)—

• (a) after “confiscation investigation” insert “ , a civil recovery investigation ”, and

• (b) omit paragraph (b) (and the “or” before it).

21

In section 399 (requirements for making of customer information order), for subsection (3) substitute—

(3A) In the case of a civil recovery investigation, there must be reasonable grounds for suspecting that the person specified in the application— (a) holds recoverable property or associated property, or (b) has, at any time, held property that was recoverable property or associated property at the time.

Account monitoring orders: Scotland

22

• (1) Section 404 (account monitoring orders) is amended as follows.

• (2) In subsection (2), omit “property subject to”.

• (3) In subsection (3)—

• (a) after “confiscation investigation” insert “ , a civil recovery investigation ”, and

• (b) omit paragraph (b) (and the “or” before it).

23

In section 405 (requirements for making of account monitoring order), for subsection (3) substitute—

(3A) In the case of a civil recovery investigation, there must be reasonable grounds for suspecting that the person specified in the application holds recoverable property or associated property.

Part 2 — Evidence overseas

24

Part 8 of the Proceeds of Crime Act 2002 (investigations) is amended as follows.

25

In section 341(3A) (definition of detained cash investigation)—

• (a) after “investigation is” insert “ an investigation for the purposes of Chapter 3 of Part 5 into— ”, and

• (b) in paragraphs (a) and (b), omit “an investigation for the purposes of Chapter 3 of Part 5 into”.

26

In Chapter 2 (England and Wales and Northern Ireland), after section 375 and the heading “Evidence overseas” insert—

(375A) (1) This section applies if a person or property is subject to a civil recovery investigation, a detained cash 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); (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, or (b) any person competent to receive it under any provisions adopted under the EU Treaties, 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. (375B) (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; (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.

27

• (1) Section 378 (officers) is amended as follows.

• (2) After subsection (3A) insert—

(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; (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 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.

• (3) In subsection (6A)—

• (a) after “investigation” insert

— (a)

, and

• (b) at the end insert—

(b) a senior member of SOCA's staff is a senior appropriate officer.

28

In Chapter 3 (Scotland), after section 408 insert—

(408A) (1) This section applies if a person or property is subject to a civil recovery investigation or a detained cash investigation. (2) A judge of the Court of Session may request assistance under this section if— (a) an application is made by an appropriate person 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) An appropriate person may request assistance under this section if the person 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). (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, or (b) any person competent to receive it under any provisions adopted under the EU Treaties, 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. (408B) (1) This section applies to evidence obtained by means of a request for assistance under section 408A. (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. (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. (5) The evidence may be received in evidence without being sworn to by anyone, so far as that may be done without unfairness to any party.

Part 3 — Consequential amendments: immigration officers and National Crime Agency