Part 2

Confiscation: England and Wales

Search and seizure powers

Conditions for exercise of powers
47B
1
An appropriate officer may exercise the power conferred by section 47C if satisfied that any of the following conditions is met.
2
The first condition is that—
a
a criminal investigation has been started in England and Wales with regard to an indictable offence,
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
proceedings for the offence have not yet been started against the person in England and Wales,
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 England and Wales with regard to an indictable offence,
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
proceedings for the offence have not yet been started against the person in England and Wales, 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 England and Wales 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 England and Wales 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 19, 20, 27 or 28 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 21 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 22 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 47C to 47S to the defendant are to the person mentioned in that condition.
12
In relation to the first or second condition section 77(9) has effect as if proceedings for the offence had been started against the defendant when the investigation was started.
Pt. 2 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. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 15(5)
Pt. 2: 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)
Pt. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)
Pt. 2 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)
Words in s. 47B(2)(d) substituted (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 13(1), 88(1); S.I. 2016/148, reg. 3(a)
Pt. 2 applied (with modifications) (1.6.2015) by The Restraint Orders (Legal Aid Exception and Relevant Legal Aid Payments) Regulations 2015 (S.I. 2015/868), regs. 1, 5 (with reg. 4)
Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)
Ss. 47A-47S and cross-heading inserted (22.11.2014 for the insertion of ss. 47A, 47G, 47S(1)-(5) for specified purposes, 1.6.2015 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 55(2), 116(1); S.I. 2014/3101, art. 3; S.I. 2015/983, art. 2(2)(a)
Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)
Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 10(5)
Pt. 2 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 33(5) (with s. 25(9)); S.I. 2020/792, reg. 2(g)
Pt. 2 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)
S. 47B(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(1)(2)(b), Sch. 8 para. 2(a); S.I. 2024/269, reg. 4(a)
S. 47B(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(1)(2)(b), Sch. 8 para. 2(b); S.I. 2024/269, reg. 4(a)