Application of Article 17 of the 1989 Order2
1
Article 17 of the 1989 Order (search warrants - safeguards) applies to search and seizure warrants sought for the purposes of a confiscation investigation, a money laundering investigation or a detained cash investigation, with the modifications made by this article.
2
For paragraph (1), substitute—
1
This Article and Article 18 have effect in relation to the issue to an appropriate officer (within the meaning of Part 8 of the Proceeds of Crime Act 2002 (investigations)) of a search and seizure warrant under section 352 of the Proceeds of Crime Act 20025 for the purposes of a confiscation investigation, a money laundering investigation or a detained cash investigation; and an entry on or search of premises under such a warrant is unlawful unless the warrant complies with this Article and is executed in accordance with Article 18.
3
In paragraph (2)—
a
for “a constable” substitute “an appropriate officer”;
b
at the end of sub-paragraph (a)(i) insert “and”;
c
in sub-paragraph (a)(ii), for “enactment” substitute “statutory power”;
d
at the end of sub-paragraph (a)(ii) omit “and”; and
e
omit the rest of the paragraph.
4
Omit paragraph (2A).
5
In paragraph (3) omit the words “and supported by an information in writing”.
6
In paragraph (4)—
a
for “constable” substitute “appropriate officer”; and
b
omit the words “justice of the peace or”.
7
In paragraph (5) omit the words after “one occasion only”.
8
Omit paragraph (5A).
9
In paragraph (6)—
a
in sub-paragraph (a)(iii), for “enactment” substitute “statutory power”;
b
for sub-paragraph (a)(iv) substitute—
iv
the premises to be searched; and
c
in sub-paragraph (b)—
i
at the beginning insert “in the case of a warrant which is issued because the judge is satisfied that the requirement in section 352(6)(a) of the Proceeds of Crime Act 2002 is satisfied (production order made and not complied with).”;
ii
for “articles or persons” substitute “material”.
10
In paragraph (7) omit the words after “of a warrant”.