Application for further information order

Section 339ZH – 339ZK Proceeds of Crime Act 2002;

CrimPRr.47.20

Case Ref. No.Magistrates’Court

Application NoCourt Code

Date:

Name of regulated sector business fromwhom information is sought ‘the respondent’:

(Asper POCA Schedule 9)

Do you confirm that the respondent the person who made the disclosure to which the information related or is otherwise carrying on a business in the regulated sector (within the meaning of Part 1 of Schedule 9 to the Proceeds of Crime Act 2002)?

Why do you believe that the information is in the possession, or under the control, of the respondent?

Address of ‘respondent’:

Summary of content of disclosure:

Reference Number/Suspicious Activity Report ID:

If you want the court to deal with this application in the absence of the respondent(s) tick as many of the following boxes as apply and give details.

The court can deal with this application without the respondent(s) because:

The absentee has had at least 2 business days in which to make representations.

The applicant cannot identify or contact the absentee.

It would prejudice the investigation if the absentees were present.

It would prejudice the investigation to adjourn or postpone the application so as to allow the absentee to attend.

The absentee has / have waived the opportunity to attend.

Give details:

Reason for requirement for Further Information:

Name of the subject of the disclosure/Further Information Order (if applicable):

Address of the subject:

Nature of the transaction(s) detailed in the initial disclosure:

Further Identifying Details:

Where transaction(s) involves a bank or building society account(s),provide these details here: Account number, Sort code, Name of bank or building society, Address of branch

Names and addresses of any other persons likely to be affected by a request for further information (if known):

Specify or describe the information sought:

Explain why the information is likely to be of substantial value to the investigation.

Explain why it is in the public interest for the information to be provided (having regard to the benefit likely to accrue to the investigation if it is obtained)

If information sought relates to a disclosure of information under Part 7 of the Proceeds of Crime Act 2002 (Money laundering), explain—

How the information sought relates to a matter arising from that disclosure:

And

How the information would assist in investigating whether a person is engaged in money laundering or in determining whether an investigation of that kind should be started

And

Why it is reasonable in all the circumstances for the information to be provided

If the information sought relates to a disclosure made under a requirement of the law of a country outside the United Kingdom which corresponds with Part 7 of the 2002 Act, and an authority in that country which investigates money laundering has asked the National Crime Agency for information in connection with that disclosure, explain—

How the information sought relates to a matter arising from that disclosure

And

Why the information is likely to be of substantial value to the authority that made the request in determining any matter in connection with the disclosure

And

Why it is reasonable in all the circumstances for the information to be provided

How should the further information be provided?

Date by which the information should be provided:

Can you confirm that none of the information requested is expected to be subject to legal privilege, or excluded material?

I, (name of 'relevant person')

ofthe National Crime AgencyTel. No.:

(Officialaddressandpositionofapplicant)

apply for a Further Information Order under section 339ZH of the Proceeds of Crime Act 2002 in respect of the above named subject, and will state upon oath that the followingcondition below is satisfied in relation to this application. Please delete the non-relevant condition as necessary below.

Either

Condition 1 (section 339ZH(4))**

a)The information required to be given under this order relates to a matter arising from a disclosure made under this Part,

b)The respondent is the person who made the disclosure or is carrying on a business in the regulated sector

c)The information will assist in investigating whether a person is engaged in money laundering or in determining whether an investigation of that kind should be started, and

d)It is reasonable in all the circumstances for the information to be provided.

(Please give details as to why the application satisfies this Condition)

Or

Condition 2(section 339ZH(4))**

a)The information required to be given under this order relates to a matter arising from a disclosure made under a corresponding disclosure requirement

b)An external request has been made to the National Crime Agency for the provision of information in connection with that disclosure,

c)The respondent is carrying on a business in the regulated sector,

d)The information is likely to be of substantial value to the authority that made the external request in determining any matter in connection with the disclosure, and

e)It is reasonable in all circumstances for the information to be provided.

(Please give details as to why the application satisfies this Condition)

Signed: ………………………………………..

To:TheDesignated Officer

...... Magistrates’Court

Notes to the Applicant

For the purpose ofCondition 2 – “external request” means a request made by an authority of a foreign country which has responsibility in that country for carrying out investigations into whether a corresponding money laundering offence has been committed (339ZH (6)).

As defined in339ZH(12), "Corresponding disclosure requirement" means a requirement to make a disclosure under the law of the foreign country concerned that corresponds to a requirement imposed by virtue of this Part; "corresponding money laundering offence" means an offence under the law of the foreign country concerned that would, if done in the United Kingdom, constitute an offence specified in paragraph (a), (b) or (c) of section 340(11); "foreign country" means a country or territory outside the United Kingdom;

Likewise, as defined in 339ZH(12), "relevant person" means—

(a) in the case of an application to a magistrates' court, the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose, or

(b) in the case of an application to the sheriff, a procurator fiscal.

Schedule 9 has effect for the purposes of this section in determining what is a business in the regulated sector.

April 20181