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Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors 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 (Investigative Powers of Prosecutors in England, Wales and Northern Ireland: Code of Practice) Order 2008. The noble Baroness said: The order was laid before the House on 18 June, with an Explanatory Memorandum and a draft code of practice. I hope that your Lordships have had the opportunity to study them. I take this opportunity to put on record my appreciation to the noble Lord, Lord Kingsland, and, in his absence, the noble Lord, Lord Thomas of Gresford, for their forbearance on the last occasion. By some inadvertence the Explanatory Memorandum was not available and we were not able to deal with the matter on that occasion. I apologise most wholeheartedly for that mistake. The order brings into operation a code of practice governing the exercise by prosecutors of their investigative powers in relation to civil recovery and criminal confiscation investigations. The Proceeds of Crime Act, which came into force in 2003, created investigative powers to be used in tracing criminal assets. These are the powers to apply for and execute production orders, search and seizure warrants, customer information orders, account monitoring orders and disclosure orders. These investigative powers have been exercised in England, Wales and Northern Ireland by the Assets Recovery Agency and law enforcement agencies such as the police and Her Majesty’s Revenue and Customs. In exercising the powers, these organisations have operated under a code of practice issued by the Home Secretary under Section 377 of the Proceeds of Crime Act. The Serious Crime Act 2007 amended the Proceeds of Crime Act by merging the Assets Recovery Agency with the Serious Organised Crime Agency, with effect from 1 April. The Assets Recovery Agency’s investigative powers have been transferred to the Serious Organised Crime Agency and to a number of specified prosecuting authorities superintended by me—namely the Director of Public Prosecutions, the Director of the Serious Fraud Office, the Director of Revenue and Customs Prosecutions and the Director of Public Prosecutions in Northern Ireland. The staff of the Serious Organised Crime Agency will continue to operate under the Home Secretary’s code of practice, which was recently amended to take account of the changes brought in by the Serious Crime Act and to maintain consistency with the codes of practice under the Police and Criminal Evidence Act 1984, which have developed over the years. The Home Secretary’s amended code was the subject of public consultation ending in January, and was brought into effect by an order approved by both Houses on 1 April. The staff of the prosecuting authorities will be bound by a code of practice issued by me, and it is that prosecutor’s code which is brought into operation by this order. My code is identical in all material respects to the Home Secretary’s amended code, so that different agencies exercising these powers will do so to the same standards and with the same safeguards. My code was put out to public consultation in March but no responses were received, presumably because any issues had already been addressed and resolved in the drafting of the Home Secretary’s amended code. My code gives detailed guidance to the staff of the prosecuting authorities on the way in which they should apply for and execute the various investigative measures available to them in respect of civil recovery investigations. The code also gives guidance to prosecutors on their role in criminal confiscation investigations, namely in applying for disclosure orders on behalf of the law enforcement agencies. The introductory part of the code provides an overview of the investigative powers and the provisions applicable to all of them. That includes general best practice for making applications for the various orders and warrants, and executing them. It also includes guidance on the procedures for the retention of documents and information. The code then provides some more detailed information on each of the investigative measures. In summary, I am satisfied that the draft code sets out clearly the processes and safeguards required for the effective and fair operation of the investigative powers. Due to the nature of the draft order, I have spoken more to the draft code than to the order itself. The only further point on the order is that, in relation to Northern Ireland—I see the noble Lord, Lord Glentoran, in his place—it is made by me in my capacity as Attorney-General for Northern Ireland. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors in England, Wales and Northern Ireland: Code of Practice) Order 2008. 23rd Report from the Joint Committee on Statutory Instruments.—(Baroness Scotland of Asthal.)