Proceeds of Crime Act 2002, section 345

Production orders

Part 8 Investigations

(1)A judge may, on an application made to him by an appropriate officer, make a production order if he is satisfied that each of the requirements for the making of the order is fulfilled.

(2)The application for a production order must state that—

(a)a person specified in the application is subject to a confiscation investigation [F1289, a civil recovery investigationF1289][F1290 , an exploitation proceeds investigation F1290] or a money laundering investigation, or

(b)property specified in the application is subject to a civil recovery investigation [F1291, a detained cash investigation, a detained property investigation [F1292 , a frozen funds investigation or a cryptoasset investigationF1292,F1291]] .

(3)The application must also state that—

(a)the order is sought for the purposes of the investigation;

(b)the order is sought in relation to material, or material of a description, specified in the application;

(c)a person specified in the application appears to be in possession or control of the material.

(4)A production order is an order either—

(a)requiring the person the application for the order specifies as appearing to be in possession or control of material to produce it to an appropriate officer for him to take away, or

(b)requiring that person to give an appropriate officer access to the material,

within the period stated in the order.

(5)The period stated in a production order must be a period of seven days beginning with the day on which the order is made, unless it appears to the judge by whom the order is made that a longer or shorter period would be appropriate in the particular circumstances.

Definitions used in section 345 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 345 18

An Informer v A Chief Constable

[2012] EWCA Civ 197 · 29 February 2012

A production order could be obtained where the statutory suspicion, value and public-interest conditions were satisfied. Imposing an economic-protection duty on the police could conflict with the public interest served by such an order. (see paras [48]; [68])

National Crime Agency, Re

[2020] EWHC 268 (Admin) · 12 February 2020Limits

Was considered as an alternative production-order route. Its distinction between investigations directed at persons and property did not establish a corresponding limitation under section 357(2). (see paras [12], [60])

Merida Oil Traders Ltd, R (On the Application Of) v Central Criminal Court & Ors

[2017] EWHC 747 (Admin) · 11 April 2017Interprets

Requires a production-order application to identify the relevant investigation. The application’s clear identification of a money-laundering investigation was not negated by its muddled description of two investigative aspects (see paras [38]-[43]). Requires the application to state that the order is sought for the purposes of the investigation and in relation to specified material. The provision was not satisfied where the cheques were sought only to enable seizure and detention (see paras [38], [52]-[53]).

What each judgment says about section 345 is in the case-law panel in the full Act.

Explanatory note

507.The power for a judge to make a production order is available for all three types of investigations specified in section 341. Similar powers previously existed in section 93H of the Criminal Justice Act 1988, section 55 of the Drug Trafficking Act 1994 and Article 50 of the Proceeds of Crime (Northern Ireland) Order 1996. Under subsection (1), an application for a production order may be made by an appropriate officer; section 378 specifies the appropriate officer in relation to each type of investigation.

All the explanatory notes for the Act

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F1289Words in s. 345(2)(a) inserted (1.6.2015 for E.W. for specified purposes, 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. 4; S.I. 2015/964, art. 2(d) (with art. 3); S.I. 2017/4, art. 2 (with art. 3)
  2. F1290Words in s. 345(2)(a) inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 19 para. 6 (with s. 180); S.I. 2010/816, art. 2, Sch. para. 18
  3. F1291Words in s. 345(2)(b) substituted (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. 43; S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(i)
  4. F1292Words in s. 345(2)(b) substituted (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(6); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2

Modifications

  1. C114S. 345(4) modified (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), arts. 1, 3(3)(4), 13(3)(4), 23(3)(4), 24(3)

Commencement

  1. I300S. 345 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)