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22 January 2009 / Maria Piggin
Issue: 7353 / Categories: Features , Tax , Commercial
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Revenue Assistance

HMRC Production Orders have changed. Maria Piggin explains how

Prior to the changes effected by the Finance Act 2007, HM Revenue & Customs (HMRC) was required to use s 20BA of the Taxes Management Act 1970 (TMA 1970) for suspected serious fraud offences involving direct tax and para 11 of Sch 11 of the Value Added Tax Act 1994 (VATA 1994) for offences in connection with VAT, when applying for Production Orders.

 
Recent changes
The Police and Criminal Evidence Act 1984 (PACE 1984) (Application to Revenue and Customs) Order 2007enacted changes under the Finance Act 2007 which aligned HMRC’s  criminal investigation powers with those of other investigating authorities. Applications by HMRC for the production of “special procedure material” are now required to be made to a circuit judge under PACE 1984, Sch 1, para 4.
PACE 1984, Sch 1 contains a broad judicial discretion at para 16 to award costs. It states: “The costs of any application under this Schedule and of anything done or to be done in pursuance of an order made under it shall be in the discretion
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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