Introduction to Disclosure Orders in PoCA Investigations
Disclosure Orders have become an increasingly utilised tool in investigations under the Proceeds of Crime Act (PoCA) 2002. These orders often relate to Account Freezing, Confiscation, or Civil Recovery proceedings, and typically come to the subject's attention upon receiving a notice from the investigating authority.
Receiving a Disclosure Order Notice
When an appropriate investigating officer, as defined by PoCA 2002, issues a Disclosure Order, they must provide written notice to those believed to hold relevant information. If you receive this notice, compliance is mandatory – you must furnish the requested information, answer specific questions, or produce documents as required.
The Importance of Expert Legal Advice
Receiving a Disclosure Order does not necessarily mean you are under criminal investigation. However, expert legal advice is crucial, especially in sensitive cases involving financial information related to family members or business associates.
Legal Criteria for Issuing a Disclosure Order
In civil recovery investigations, the court has discretion in granting a Disclosure Order and must satisfy three key tests:
- Reasonable suspicion that property was obtained through unlawful conduct.
- Belief that the information would significantly aid the investigation (s.358(3) PoCA 2002).
- Conviction that it is in the public interest for the information to be provided (s.358(4) PoCA 2002).
These criteria are essential for the legality of a Disclosure Order. Legal experts often challenge the basis of these orders, seeking to vary or discharge them if they do not meet PoCA 2002's safeguarding tests.
Attending an Interview Under a Disclosure Order
Interviews are a common component of Disclosure Orders. Representation during these interviews is vital, as misleading the investigative authority is a separate criminal offence. Additionally, the relevance of questions to the investigation can be legally challenged.
Consequences of Non-Compliance with a Disclosure Order
Failure to comply with a Disclosure Order can result in imprisonment for up to two years. If ordered to attend an interview under a Disclosure Order, you must answer questions unless you have a reasonable cause. Refusal to answer can lead to criminal charges.
PoCA Disclosure Orders Solicitors
If you are the subject of a Disclosure Order, obtaining expert legal advice should be your immediate step. Our team, led by James O'Hara, a recognised expert in "PoCA Work and Asset Forfeiture," is prepared to provide specialised legal assistance in these complex matters.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.