The taxman can now read your diary & much else
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Re: The taxman can now read your diary & much else
Finance Act 2007 (sections 82 to 86 (Opens new window) and Schedule 23 (Opens new window)) included provisions dealing with search warrants, production orders and powers of arrest. These apply the rules in the Police and Criminal Evidence Act 1984 (PACE) to all HMRC criminal investigations. Previously they applied only when investigating criminal offences involving former HM Customs and Excise functions. Some tax specific powers such as the power of arrest in section 72(9) of VATA 1994 have been replaced with the general powers in PACE. PACE does not apply in Scotland but this Finance Act introduced a similar set of powers that can be used in criminal investigations conducted there. These changes were announced on 21 March 2007 in Budget Note 78.
What criminal investigation powers does HMRC have?
Criminals, including organised criminals, seek to attack the UK’s tax and duty systems to steal taxpayer’s money. To counter this HMRC needs similar criminal investigation powers to those that are available to other law enforcement agencies. In particular it needs powers to:
• apply for orders requiring information to be produced - production orders
• apply for search warrants
• make arrests
• search suspects and premises following arrest.
PACE
In England and Wales these powers are made available through the Police and Criminal Evidence Act 1984 (PACE). In Northern Ireland they are made available through the Police and Criminal Evidence (Northern Ireland) Order 1989.
The Finance Act 2007 amends PACE and the PACE (NI) Order so that they can be used for all HMRC criminal investigations. The only exception is when HMRC is acting as an agent for another government department.
The advantage of using PACE is that it provides a set of powers that are designed for use by law enforcement agencies. It means that tax crime is tackled in the same way as other crime.
Not all the powers in PACE are made available to HMRC. For example, HMRC does not take fingerprints, charge or bail suspects. This has to be done by the police.
Some of the powers in PACE are modified for HMRC. For example, a search warrant may allow HMRC to search persons found on the premises without the need for arrest. This allows HMRC to search a bookkeeper who may have evidence in a briefcase or laptop when a company’s premises are searched, but who is not considered a suspect.
Scotland
PACE does not apply in Scotland. Finance Act 2007 introduced a special set of powers that apply in Scotland within the Criminal Law (Consolidation)(Scotland) Act 1995 and the Criminal Procedure (Scotland) Act 1995. These powers cover the same areas as PACE.#staysafestayhome
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Re: The taxman can now read your diary & much else
Originally posted by Zazen.Warrior View PostThis doesn't cause me any qualms because I am poor, but I expect a few of the Tory faithful are quaking in their boots.Is no longer here
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Re: The taxman can now read your diary & much else
pmsl - I'm a poor Tory#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First Steps
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Re: The taxman can now read your diary & much else
I'm a sort of libertarian in that I do believe the state does have a small part to play in peoples lives but shouldn't be all encompassing like today. The executive need to trust the rest of us & stop treating us all as criminals in the making
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Re: The taxman can now read your diary & much else
Completely agree with Righty.
Nats, I've been waivering for a number of years but when it comes to X in the box time I just can't bring myself to vote LibDem.
I am pretty happy with ConDem though (well so far anyway)
Lets not forget this tax inspector powers ditty came in under Labour, not Tory's.#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First Steps
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