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Nuttall v National Crime Agency

Lloyd's Law Reporter Financial Crime

Nuttall v National Crime Agency

[2016] EWHC 1911 (Admin), Queen's Bench Division (Administrative Court), Mr Justice Collins, 5 May, 14; 27 July 2016

Proceeds of Crime Act 2002, sections 357 and 358 - Disclosure order - Information notice - Whether duty to give reasons - Civil recovery investigation - Assets - Proceeds of Crime Act 2002, section 245A Property freezing order - European Convention of Human Rights, article 8 and Protocol 1

In 2011, the predecessor of the respondent (National Crime Agency "NCA") commenced a civil investigation it being suspected that the first applicant was controlling a UK-based bank account through which £8 million had been laundered. The applicants denied involvement but it was not disputed that the respondent's evidence gave rise to reasonable suspicion. The first applicant sought to discharge a DO made without notice in September 2011 pursuant to section 357 POCA and two information notices ("IN") made pursuant to that order in November 2015. The second applicant applied to discharge a property freezing order ("PFO") pursuant to section 245A of POCA in October 2015. Alongside the PFO, search and seizure warrants were granted pursuant to section 352 of POCA. On execution of the warrants, 29 computer devices were seized which were PIN or password protected. It was said that the devices contained personal family material and some devices belonged to the applicants' children. The INs required the provision of PIN and passwords to enable the respondent to access the devices.

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