Part 2 Evidence Overseas

Part 2 Evidence Overseas

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

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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—â€, and

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

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

“375A Evidence overseas

(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

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