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Proceeds of Crime Act 2002

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Criminal Justice and Police Act 2001 (c. 16)E+W+S+N.I.

This section has no associated Explanatory Notes

40(1)The Criminal Justice and Police Act 2001 is amended as follows.

(2)In section 55 (obligation to return excluded and special procedure material) in subsection (5) (powers in relation to which section does not apply as regards special procedure material) omit “and” after paragraph (b), and after paragraph (c) insert— and

(d)section 352(4) of the Proceeds of Crime Act 2002,.

(3)In section 60 (cases where duty to secure seized property arises) in subsection (4) (powers in relation to which duty does not arise as regards special procedure material) omit “or” after paragraph (b), and after paragraph (c) insert— or

(d)section 352(4) of the Proceeds of Crime Act 2002,.

(4)In section 64 (meaning of appropriate judicial authority) in subsection (3) after paragraph (a) omit “and” and insert—

(aa)the power of seizure conferred by section 352(4) of the Proceeds of Crime Act 2002, if the power is exercisable for the purposes of a civil recovery investigation (within the meaning of Part 8 of that Act);.

(5)In section 65 (meaning of “legal privilege”)—

(a)in subsection (1)(b) for the words “33 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)” substitute “ 412 of the Proceeds of Crime Act 2002 ”;

(b)after subsection (3) insert—

(3A)In relation to property which has been seized in exercise, or purported exercise, of—

(a)the power of seizure conferred by section 352(4) of the Proceeds of Crime Act 2002, or

(b)so much of any power of seizure conferred by section 50 as is exercisable by reference to that power,

references in this Part to an item subject to legal privilege shall be read as references to privileged material within the meaning of section 354(2) of that Act.

(6)In Part 1 of Schedule 1 (powers of seizure to which section 50 applies) at the end add—

Proceeds of Crime Act 2002 (c. 00)

73AThe power of seizure conferred by section 352(4) of the Proceeds of Crime Act 2002 (seizure of material likely to be of substantial value to certain investigations).

(7)In Part 3 of Schedule 1 (powers of seizure to which section 55 applies) at the end add—

Proceeds of Crime Act 2002 (c. 00)

110The power of seizure conferred by section 352(4) of the Proceeds of Crime Act 2002 (seizure of material likely to be of substantial value to certain investigations).

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Commencement Information

I1Sch. 11 para. 40 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

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