National Crime Agency, Re

National Crime Agency, Re

Section 357(2) of the Proceeds of Crime Act 2002 does not preclude the making of a disclosure order in a money laundering investigation merely because some bank accounts are subject to account freezing orders in a concurrent frozen funds investigation; the focus must be on the type of investigation for which the disclosure order is sought, not on the overlap of accounts or potential effects on other investigations.

Parties
Appellant: National Crime Agency; Other Investigation Agency: City of London Police
Jurisdiction
England and Wales
Judgment Date
12 February 2020
Procedural Posture
Appeal by Way of Case Stated / High Court (divisional Court) Judgment on Appeal From Crown Court
Outcome
Appeal allowed
Legal Topics
Disclosure Orders, Money Laundering Investigation, Frozen Funds Investigation, Interpretation of S.357(2) Proceeds of Crime Act 2002
Criminal Law Proceeds of Crime Disclosure Orders Money Laundering Investigation Frozen Funds Investigation Interpretation of S.357(2) Proceeds of Crime Act 2002

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Parties

National Crime Agency

Appellant

City of London Police

Other Investigation Agency

Procedural Posture

Appeal by Way of Case Stated / High Court (divisional Court) Judgment on Appeal From Crown Court

Legal Issues

  1. 1 Whether s.357(2) of the Proceeds of Crime Act 2002 precludes a disclosure order in a money laundering investigation where bank accounts are subject to account freezing orders in a concurrent frozen funds investigation
  2. 2 Proper interpretation of 'in relation to' in s.357(2)

Ratio Decidendi

Section 357(2) of the Proceeds of Crime Act 2002 does not preclude the making of a disclosure order in a money laundering investigation merely because some bank accounts are subject to account freezing orders in a concurrent frozen funds investigation; the focus must be on the type of investigation for which the disclosure order is sought, not on the overlap of accounts or potential effects on other investigations.

Court Disposition

Appeal allowed

Orders

  • The Note appended to the disclosure order, excluding accounts subject to account freezing orders, is set aside.
  • First question in the case stated answered in the negative; second question declined to be answered.