Proceeds of Crime Act 2002, section 341

Investigations

Part 8 Investigations

(1)For the purposes of this Part a confiscation investigation is an investigation into—

(a)F1254whether a person has benefited from his criminal conduct, ...

(b)the extent or whereabouts of his benefit from his criminal conduct [F1255, or

(c)[F1256 the available amount in respect of the person orF1256] the extent or whereabouts of realisable property available for satisfying a confiscation order made in respect of him.F1255]

[F1257 (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, F1258...

(d)property detained under section 295 [F1259 , 303K or 303LF1259] . [F1260 , F1261...

(e)property held in an account in relation to which an account freezing order made under section 303Z3 has effect.F1260] [F1262 , or

(f)property detained under Chapter 3C or 3F of Part 5 or property held in an account in relation to which a crypto wallet freezing order made under section 303Z37 has effect.F1262,F1257]]

[F1263 (3A)For the purposes of this Part a detained cash investigation is [F1264 an investigation for the purposes of Chapter 3 of Part 5 intoF1264] —

(a)F1265... the derivation of cash detained under [F1266 that ChapterF1266] or a part of such cash, or

(b)F1265... whether cash detained under [F1267 that ChapterF1267] , or a part of such cash, is intended by any person to be used in unlawful conduct.F1263]

[F1268 (3B)For the purposes of this Part a detained property investigation is an investigation for the purposes of Chapter 3A of Part 5 into—

(a)the derivation of property detained under that Chapter, or a part of such property, or

(b)whether property detained under that Chapter, or a part of such property, is intended by any person to be used in unlawful conduct.

(3C)For the purposes of this Part a frozen funds investigation is an investigation for the purposes of Chapter 3B of Part 5 into—

(a) the derivation of money held in an account in relation to which an account freezing order made under section 303Z3 has effect (a “frozen account”) or of a part of such money, or

(b)whether money held in a frozen account, or a part of such money, is intended by any person to be used in unlawful conduct.F1268]

[F1269 (3D)For the purposes of this Part a cryptoasset investigation is an investigation for the purposes of Chapter 3C, 3D, 3E or 3F of Part 5 and includes investigation into—

(a)the derivation of cryptoassets detained under Chapter 3C (including where the cryptoassets have been converted into money in accordance with Chapter 3F),

(b)whether cryptoassets or converted cryptoassets detained under Chapter 3C or 3F are intended by any person to be used in unlawful conduct,

(c)the derivation of cryptoassets held in a crypto wallet in relation to which a crypto wallet freezing order made under section 303Z37 has effect (including where the cryptoassets have been converted into money in accordance with Chapter 3F), or

(d)whether cryptoassets held in such a wallet are intended by any person to be used in unlawful conduct.F1269]

(4)For the purposes of this Part a money laundering investigation is an investigation into whether a person has committed a money laundering offence.

[F1270 (5)For the purposes of this Part an exploitation proceeds investigation is an investigation for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) into—

(a)whether a person is a qualifying offender,

(b)whether a person has obtained exploitation proceeds from a relevant offence,

(c)the value of any benefits derived by a person from a relevant offence, or

(d)the available amount in respect of a person.

Paragraphs (a) to (d) are to be construed in accordance with that Part of that Act.F1270]

Definitions used in section 341 1

cryptoasset

(c) in sub-paragraphs (i), (ii) and (iii) of sub-paragraph (12)(a), “cryptoasset” includes a right to, or interest in, the cryptoasset.

Defined in Sch.9 para.1(13) · see it in the full Act

Cases considering section 341 15

World Uyghur Congress, R (on the application of) v National Crime Agency

[2024] EWCA Civ 715 · 27 June 2024Interprets

Section 341 was identified as the statutory provision defining investigations for Part 5 purposes (see para [47]). Section 341(2) defines a civil-recovery investigation as including investigation into whether property is or has been recoverable or associated property. The court treated this as confirming that identification may be the purpose of the investigation itself (see para [47]).

Serious Organised Crime Agency v Perry & Ors

[2010] EWCA Civ 907 · 29 July 2010Limits

Section 341(2) defines a civil recovery investigation by reference to whether property is recoverable or associated property, who holds it, and its extent or whereabouts. (see paras [16]; [63]) Section 341(3) limits the treatment of an investigation as a civil recovery investigation once recovery proceedings have started or an interim receiving order has been made. (see para [16])

National Crime Agency v Chameleon Capital Holdings Ltd & Ors

[2026] EWHC 1745 (Admin) · 15 July 2026Defines

Defines civil recovery investigation as an investigative function entrusted to the NCA. The judgment uses that function to distinguish investigation from court proceedings governed by the CPR. (see para [18]) Confirms that a civil recovery investigation ends, in relation to property, when proceedings for a recovery order have been started. This supports the distinction between investigation and court proceedings. (see para [18])

What each judgment says about section 341 is in the case-law panel in the full Act.

Explanatory note

502.Section 341 defines the types of investigations in respect of which the powers set out in Part 8 may be variously exercised. These are:

  • an investigation into whether a person has benefited from criminal conduct and the extent or whereabouts of his benefit (a confiscation investigation);

  • an investigation into whether property is recoverable property or associated property, who holds the property and its extent or whereabouts (a civil recovery investigation); and

  • an investigation into whether a person has committed a money laundering offence (a money laundering investigation).

503.Subsection (3) precludes the use of the powers for the purposes of a civil recovery investigation if civil recovery proceedings have been started under section 243 or244, an interim receiving order (interim administration order in Scotland) applies to the property as provided under section 246 or 256, or cash is seized and detained by virtue of sections 294 and295. Apart from in the context of money laundering investigations, none of the powers under Part 8 is available for use in investigations into criminal offences.

All the explanatory notes for the Act

Amendments and notes

18 notes from legislation.gov.uk

Amendments

  1. F1254Word in s. 341(1) omitted (1.3.2016) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 55; S.I. 2016/148, reg. 3(g)
  2. F1255S. 341(1)(c) and word inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 38(1), 88(1); S.I. 2016/148, reg. 3(c)
  3. F1256Words in s. 341(1)(c) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 33, 58(1)(6); S.I. 2018/78, reg. 3(q); S.I. 2021/724, reg. 2(1)(r)
  4. F1257S. 341(2)(3) substituted (1.6.2015 for E.W.S., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 2; S.I. 2015/964, art. 2(d) (with art. 3); S.I. 2017/4, art. 2 (with art. 3)
  5. F1258Word in s. 341(3)(c) omitted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by virtue of Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 39(2)(a); S.I. 2018/78, reg. 5(3)(b)(i)(ii); S.I. 2021/724, reg. 4(i)
  6. F1259Words in s. 341(3)(d) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 39(2)(b); S.I. 2018/78, reg. 5(3)(b)(i)(ii); S.I. 2021/724, reg. 4(i)
  7. F1260S. 341(3)(e) and word inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 39(2)(c); S.I. 2018/78, reg. 5(3)(b)(i)(ii); S.I. 2021/724, reg. 4(i)
  8. F1261Word in s. 341(3)(d) omitted (29.11.2024) by virtue of The Criminal Finances Act 2017 and Economic Crime and Corporate Transparency Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/1240), regs. 1(1), 2(2)
  9. F1262S. 341(3)(f) and word inserted (29.11.2024) by The Criminal Finances Act 2017 and Economic Crime and Corporate Transparency Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/1240), regs. 1(1), 2(2)
  10. F1263S. 341(3A) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 75(1), 94(1); S.I. 2008/755, art. 17(1)(a)
  11. F1264Words in s. 341(3A) inserted (1.6.2015 for E.W.S., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 25(a); S.I. 2015/964, art. 2(e); S.I. 2017/4, art. 2
  12. F1265Words in s. 341(3A)(a)(b) omitted (1.6.2015 for E.W.S., 1.2.2017 in so far as not already in force) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 25(b); S.I. 2015/964, art. 2(e); S.I. 2017/4, art. 2
  13. F1266Words in s. 341(3A)(a) substituted (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 110; S.I. 2015/983, arts. 2(2)(e), 3(hh); S.I. 2016/147, art. 3(j)
  14. F1267Words in s. 341(3A)(b) substituted (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 110; S.I. 2015/983, arts. 2(2)(e), 3(hh); S.I. 2016/147, art. 3(j)
  15. F1268S. 341(3B)(3C) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 39(3); S.I. 2018/78, reg. 5(3)(b)(i)(ii); S.I. 2021/724, reg. 4(i)
  16. F1269S. 341(3D) inserted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 for E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 8(2); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2
  17. F1270S. 341(5) added (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 19 para. 2 (with s. 180); S.I. 2010/816, art. 2, Sch. para. 18

Commencement

  1. I296S. 341 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)