Proceeds of Crime Act 2002 (Investigations in England, Wales and Northern Ireland: Code of Practice) Order 2008

rose to move, That the Grand Committee do report to the House that it has considered the Proceeds of Crime Act 2002 (Investigations in England, Wales and Northern Ireland: Code of Practice) Order 2008. The noble Lord said: The order was laid before the House on 19 February, as were Explanatory Memoranda and a draft code of practice. These provide the background and the need for both the order and the code, and I hope that noble Lords will have had the opportunity to familiarise themselves with both. The Proceeds of Crime Act, which came into force in 2003, contains investigation powers specifically designed to investigate financial affairs rather than specific offences. These provisions are set out in Part 8 of the Act. As a safeguard to the operation of these powers and an assurance that they are used in a consistent fashion, the Secretary of State issues a code of practice similar to those issued under the Police and Criminal Evidence Act. This code is for use by certain investigators exercising the powers in England, Wales and Northern Ireland. The Attorney-General will issue a separate code to provide guidance for prosecutors, and Scottish Ministers issue a code for that jurisdiction. The existing code came into force in 2003. That code has guided investigators in the operation of the powers and, to my knowledge, it has not been challenged. The new, amended code is necessary purely because of amendments to the investigation provisions within the Proceeds of Crime Act 2002 made by the Serious Crime Act 2007. It is a necessary, consequential matter. Significantly, the Serious Crime Act will merge the Assets Recovery Agency into the Serious Organised Crime Agency on 1 April. The Serious Organised Crime Agency will inherit the Assets Recovery Agency’s existing confiscation and civil recovery investigation powers. Another relevant amendment is that production orders and search-and-seizure warrants will also now be available to investigate the provenance or intended use of cash seized and detained under the Proceeds of Crime Act 2002. This will enable law enforcement bodies to construct forfeiture cases to be heard before the magistrates’ courts. There have also been developments in other codes of practice, notably those under the Police and Criminal Evidence Act. These include the requirement to consult with community liaison officers if there is a reason to believe that proposed action may have an adverse effect on relations between law enforcement and the community. I have tried to be brief as the code is substantially consequential to take account of amendments to the Proceeds of Crime Act coming into force on 1 April. I suggest that the matter is, by and large, not controversial. I shall be happy to go into further details if required and to take questions from noble Lords. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Proceeds of Crime Act 2002 (Investigations in England, Wales and Northern Ireland: Code of Practice) Order 2008. 12th Report from the Joint Committee on Statutory Instruments.—(Lord Bassam of Brighton.)