Part 5Civil recovery of the proceeds etc. of unlawful conduct
C1F1CHAPTER 3ARecovery of listed assets in summary proceedings
Pt. 5 Ch. 3A applied (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by 2007 c. 30, s. 24(1) (as substituted by Criminal Finances Act 2017 (c. 22), ss. 21(3), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i))
Seizure and detention
303JSeizure of listed assets
1
A relevant officer may seize any item of property if the relevant officer has reasonable grounds for suspecting that—
a
it is a listed asset,
b
it is recoverable property or intended by any person for use in unlawful conduct, and
c
the value of it is not less than the minimum value.
2
A relevant officer may also seize any item of property if—
a
the relevant officer has reasonable grounds for suspecting the item to be a listed asset,
b
the relevant officer has reasonable grounds for suspecting that part of the item is recoverable property or intended by any person for use in unlawful conduct,
c
the relevant officer has reasonable grounds for suspecting that the value of the part to which the suspicion relates is not less than the minimum value, and
d
it is not reasonably practicable to seize only that part.
3
Where the powers conferred by this section are being exercised by a relevant officer in respect of more than one item of property, this section is to apply as if the value of each item was equal to the aggregate value of all of those items.
4
The references in subsection (3) to the value of an item are to be read as including references to the value of part of an item where the power conferred by subsection (2) is being exercised (whether alone or in conjunction with the power conferred by subsection (1)).
5
This section does not authorise the seizure by an SFO officer or an accredited financial investigator of an item of property found in Scotland.
Pt. 5 Ch. 3A inserted (27.4.2017 for specified purposes, 31.10.2017 for the insertion of ss. 303G, 303H for E.W.S. so far as not already in force, 30.1.2018 for the insertion of s. 303E(4) for E.W.S. so far as not already in force, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 15, 58(1)(6); S.I. 2017/991, reg. 2(d); S.I. 2018/78, regs. 2(a), 4(b); S.I. 2021/724, reg. 2(1)(f)