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Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2009

I do not have a complete list in my brief but I will happily seek the same and write to the noble Countess. Judicial oversight exists. First, confiscation powers remain in the hands of judges, not the police or other financial investigators. A confiscation order can be made only by a Crown Court judge following a conviction for a criminal offence. The decision to restrain or freeze a defendant’s assets pending the possible making of a confiscation order can be made only by a Crown Court judge. An application for a search and seizure warrant has to be made to and approved by a Crown Court judge. When suspect cash is seized it can be further detained and forfeited only on the order of a magistrates’ court. Essentially, many of the fears expressed by noble Lords should be allayed by two factors: that AFIs will be very well trained, which I shall come to in a little while, and that they will be very well vetted by the National Policing Improvement Agency. It is wrong to suggest that these new tools are being treated lightly. Investigators will have to be vetted to a very high standard. The noble Lord, Lord Thomas of Gresford, referred to confiscation of funds. I understand that there was a fear that the officer who seized cash would then leave the person with the burden of proof that it was not criminal in origin. That is not the case. When an officer seizes cash, the burden is on the seizing body to prove criminality. A confiscation or investigation order will be issued on application to a judge. It is not the decision of the investigator. There are also the safeguards that I mentioned of NPIA monitoring and the code of practice. Therefore, we do not think that it changes the status at all.