Commentary on Sections Part 3: Other Measures to Prevent or Disrupt Serious and Other Crime Schedule 9: Transfers to SOCA or NPIA Section 75: Use of production orders for detained cash investigations
265.This section enables the production order provisions under Part 8 of POCA to be used for investigating the provenance or intended destination of cash seized under Chapter 3 of Part 5 of POCA (which provides for the recovery of cash in summary proceedings). The amendments made by this section create a new type of investigation, namely a detained cash investigation. This is additional to the existing types of investigation, namely a confiscation investigation, civil recovery investigation and money laundering investigation. These new investigation powers will assist in the preparation of a case for forfeiting the cash before the magistrates’ court in England and Wales and Northern Ireland or the Sheriff in Scotland.