Application of section 22 of PACE5

1

Section 22 of PACE (retention)7 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 by this article.

2

For subsection (1) substitute—

1

Subject to subsection (4) below, 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, money laundering investigation or 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 subsection (2)(a)—

a

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

b

at the end of sub-paragraph (i), omit “or”;

c

at the end of sub-paragraph (ii), omit “and”; and

d

after sub-paragraph (ii) insert—

iii

for use as evidence in proceedings relating to the making of a confiscation order under the Drug Trafficking Offences Act 19868, Part 6 of the Criminal Justice Act 1988 (confiscation of the proceeds of an offence)9, Part 1 of the Drug Trafficking Act 1994 (confiscation orders)10 or Part 2 of the Proceeds of Crime Act 2002 (confiscation: England and Wales);

iv

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

v

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

4

Omit subsections (3), (5) and (6).

5

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

6

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