Proceeds of Crime Act 2002, section 362

Supplementary

Part 8 Investigations

(1)An application for a disclosure order may be made ex parte to a judge in chambers.

(2)Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to disclosure orders.

(3)An application to discharge or vary a disclosure order may be made to the court by—

(a)the [F1413person who applied for the orderF1413] ;

(b)any person affected by the order.

(4)The court—

(a)may discharge the order;

(b)may vary the order.

[[F1414,F1415 (4A)An application to discharge or vary a disclosure order need not be made by the same appropriate officer or (as the case may be) the same National Crime Agency officer that applied for the order (but must be made by an appropriate officer of the same description or (as the case may be) by another National Crime Agency officer).

F1415 (4AA)If the application for the order was, by virtue of an order under section 453, made by an accredited financial investigator of a particular description, the reference in subsection (4A) to an appropriate officer of the same description is to another accredited financial investigator of that description.F1415]

(4B)References to a person who applied for a disclosure order must be construed accordingly.F1414]

(5)Subsections (2) to [F1416(4B)F1416] do not apply to orders made in England and Wales for the purposes of a civil recovery investigation [F1417or an exploitation proceeds investigationF1417] .

[F1418 (6)An appropriate officer may not make an application for a disclosure order, or an application for the discharge or variation of such an order, unless the officer is a senior appropriate officer or is authorised to do so by a senior appropriate officer.F1418]

Definitions used in section 362 1

the court

(10) In this section, sections 120 to 140 and Schedule 3 “the court” means—

(a)the Court of Session, where a trial diet or a diet fixed for the purposes of section 76 of the Procedure Act in proceedings for the offence or offences concerned is to be, is being or has been held in the High Court of Justiciary;

(b)the sheriff exercising his civil jurisdiction, where a diet referred to in paragraph (a) is to be, is being or has been held in the sheriff court.

Defined in s.119(10) · see it in the full Act

Cases considering section 362 6

National Crime Agency v Chameleon Capital Holdings Ltd & Ors

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

Confirms that Part 8 applications are treated as proceedings for the procedural analysis. This supported the conclusion that CPR 19.2(2) could apply to the applications. (see paras [18]-[20])

National Crime Agency v Jiangbo Hao & Ors

[2024] EWHC 2240 (Admin) · 30 August 2024

Section 362(1) permits a disclosure-order application to be made without notice and in private. The court held that without-notice procedure was justified in the circumstances and that the original evaluation deserved deference (see paras [58]; [81]). The respondents invited the court to exercise the statutory discretion to discharge the order. The court declined to do so and continued the order (see paras [12]; [93]-[95]).

National Crime Agency, Re

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

Permits an application for a disclosure order to be made ex parte to a judge in chambers, while not requiring that procedure. (see para [10]) Permits an application to vary or discharge a disclosure order by the applicant or a person affected. The court held that, on the facts, the NCA could not use the provision to require the judge to reconsider the same decision on the same materials. (see paras [10], [39]-[40]) Was noted as excluding disclosure orders in civil recovery and exploitation proceeds investigations from the statutory right to apply to vary or discharge. It was part of the analysis of finality and appealability. (see para [10])

What each judgment says about section 362 is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F1413Words in s. 362(3)(a) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 110(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  2. F1414S. 362(4A)(4B) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 110(3); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  3. F1415S. 362(4A)(4AA) substituted for s. 362(4A) (27.4.2017 for specified purposes, 31.1.2018 for E.W. 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. 7(4)(a), 58(1)(6); S.I. 2018/78, reg. 3(b); S.I. 2021/724, reg. 2(1)(b)
  4. F1416Word in s. 362(5) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 110(4); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  5. F1417Words in s. 362(5) added (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 19 para. 15 (with s. 180); S.I. 2010/816, art. 2, Sch. para. 18
  6. F1418S. 362(6) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. 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. 7(4)(b), 58(1)(6); S.I. 2018/78, reg. 3(b); S.I. 2021/724, reg. 2(1)(b)

Commencement

  1. I317S. 362 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)