Application of Article 24 of the 1989 Order5

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 19906, the Proceeds of Crime (Northern Ireland) Order 19967 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.