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The Scottish Government
Police and Community Safety Directorate
Police: Organised Crime and Support Services Division

F: 0131-244
E: investigativeorderscodeofpractice@scotland.gsi.gov.uk

25 August 2008

Dear Colleagues

SECTION 410 PROCEEDS OF CRIME ACT 2002 ( POCA): REVISED DRAFT CODE OF PRACTICE

1. Section 410 of the Proceeds of Crime Act requires Scottish Ministers to prepare a code of practice as to the exercise by proper persons of functions they have under Chapter 3 of the Proceeds of Crime Act 2002. A proper person is a constable, which includes a customs officer, in relation to a confiscation investigation, money laundering investigation or the Scottish Ministers or a person named by them in relation to a civil recovery investigation.
2. The current code, which was approved by the Scottish Parliament and published in February 2003 requires to be updated and to take account of provisions made in the Serious Crime Act 2007.
3. Before the Code of Practice can be brought into force Scottish Ministers are required to publish a draft and consider any representations made to them about it and if they think appropriate modify the code in light of any such representations. The draft Code will then be laid before the Scottish Parliament and brought into force by order once approved.
4. The Scottish Government has taken the opportunity of the requirement to review the Code to carry out a more fundamental review of the Code with the aim of providing a more useful and easily understood aid to those involved in the use of it or subject to it.
5. We hope that the revised code, which was developed in partnership with colleagues from Crown Office and the police service is self explanatory and easier to understand.
6. We would welcome any views you have on the draft code by 3 October 2008. We would particularly welcome comments on any section of the Code that you consider to be ambiguous or where you think there is relevant information not provided. The code is available on the Scottish Government website at http://www.scotland.gov.uk/Publications/2008/08/21130051
7. Responses should be sent to: investigativeorderscodeofpractice@scotland.gsi.gov.uk

ORGANISED CRIME UNIT
SCOTTISH GOVERNMENT

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