Part 4

Confiscation: Northern Ireland

Search and seizure powers

Conditions for exercise of powers
195B
1
An appropriate officer may exercise the power conferred by section 195C if satisfied that any of the following conditions is met.
2
The first condition is that—
a
a criminal investigation has been started in Northern Ireland with regard to an indictable offence,
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
proceedings for the offence have not yet been started against the person in Northern Ireland,
d
there
are reasonable grounds to suspect
that the person has benefited from conduct constituting the offence, and
e
a restraint order is not in force in respect of any realisable property.
3
The second condition is that—
a
a criminal investigation has been started in Northern Ireland with regard to an indictable offence,
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
proceedings for the offence have not yet been started against the person in Northern Ireland, and
d
a restraint order is in force in respect of any realisable property.
4
The third condition is that—
a
proceedings for an indictable offence have been started in Northern Ireland and have not been concluded,
b
there is reasonable cause to believe that the defendant has benefited from conduct constituting the offence, and
c
a restraint order is not in force in respect of any realisable property.
5
The fourth condition is that—
a
proceedings for an indictable offence have been started in Northern Ireland and have not been concluded, and
b
a restraint order is in force in respect of any realisable property.
6
The fifth condition is that—
a
an application by the prosecutor has been made under section 169, 170, 177 or 178 and not concluded, or the officer believes that such an application is to be made, and
b
there is reasonable cause to believe that the defendant has benefited from criminal conduct.
7
The sixth condition is that—
a
an application by the prosecutor has been made under section 171 and not concluded, or the officer believes that such an application is to be made, and
b
there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the defendant's benefit exceeds the relevant amount (as defined in that section).
8
The seventh condition is that—
a
an application by the prosecutor has been made under section 172 and not concluded, or the officer believes that such an application is to be made, and
b
there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section).
9
The third or fourth condition is not met if the officer believes that—
a
there has been undue delay in continuing the proceedings, or
b
the prosecutor does not intend to proceed.
10
If an application mentioned in the fifth, sixth or seventh condition has been made the condition is not met if the officer believes that—
a
there has been undue delay in continuing the application, or
b
the prosecutor does not intend to proceed.
11
In relation to the first or second condition references in sections 195C to 195S to the defendant are to the person mentioned in that condition.
12
In relation to the first or second condition section 225(9) has effect as if proceedings for the offence had been started against the defendant when the investigation was started.
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 11(5)
Ss. 195A-195T and cross-headings inserted (22.11.2014 for the insertion of ss. 195S(1)-(5), 195T(1)-(7) for specified purposes, 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 57(2), 116(1) (as amended by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 18(2)(m) (with arts. 24-28); S.I. 2014/3101, art. 3; S.I. 2016/147, art. 3(b))
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 6(5)
Pt. 4: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
Words in s. 195B(2)(d) substituted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 35(1), 88(3)(a); S.R. 2015/190, reg. 3(1)(i)
Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)
Pt. 4 functions of receiver extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)
S. 195B(2)(b) omitted (26.10.2023 for specified purposes, 26.4.2024 in so far as not already in force) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(5)(a), Sch. 8 para. 38(a); S.R. 2024/82, art. 2
S. 195B(3)(b) omitted (26.10.2023 for specified purposes, 26.4.2024 in so far as not already in force) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(5)(a), Sch. 8 para. 38(b); S.R. 2024/82, art. 2