The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence (Northern Ireland) Order 1989) Order (Northern Ireland) 2016

Application of Article 24 of the 1989 Order

5.—(1) Article 24 of the 1989 Order (retention) applies to powers of seizure under search and seizure warrants issued 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) Subject to paragraph (4), anything which has been seized by an appropriate person (within the meaning of Part 8 of the Proceeds of Crime Act 2002) or taken away by an appropriate person under a search and seizure warrant issued under section 352 of the Proceeds of Crime Act 2002 for the purposes of a confiscation investigation, a money laundering investigation or a detained cash investigation may be retained by the appropriate person or an appropriate officer (within the meaning of Part 8 of the Proceeds of Crime Act 2002) so long as is necessary in all the circumstances.”.

(3) In paragraph (2)(a)—

(a) for “criminal investigation” substitute “confiscation investigation, a money laundering investigation or a detained cash investigation”;

(b) at the end of head (i), omit “or”;

(c) at the end of head (ii), omit “and”, and

(d) after head (ii) insert—

“(iii) for use as evidence in proceedings relating to the making of a confiscation order under the Criminal Justice (Confiscation) (Northern Ireland) Order 1990(1), the Proceeds of Crime (Northern Ireland) Order 1996(2) or Part 4 of the Proceeds of Crime Act 2002 (confiscation: Northern Ireland);

(iv) for use as evidence in proceedings under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (recovery of cash in summary proceedings); or

(v) for forensic examination in connection with a confiscation investigation, a money laundering investigation or a detained cash investigation, or for use for the purposes of any such investigation; and”.

(4) Omit paragraphs (3), (5) and (6).

(5) In paragraph (4), for “either” substitute “any”.

(6) In paragraph (7), for “a constable” substitute “an appropriate person” both times it appears.

(1)

S.I. 1990 No. 2588 (N.I. 17).

(2)

S.I. 1996 No. 1299 (N.I. 9).