C8C9C3C2C10C4C7C11C5C1C12Part 2Confiscation: England and Wales
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: 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 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 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: 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 (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 (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. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
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 (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)
F4Search and seizure powers
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)
47MFurther detention in other cases
1
This section applies if—
a
property is detained under section 47J,
b
no restraint order is in force in respect of the property, and
c
no application has been made for a restraint order which includes provision under section 41A authorising detention of the property.
2
A magistrates' court may by order extend the period for which the property or any part of it may be detained under section 47J if satisfied that—
a
any of the conditions in section 47B is met (reading references in that section to the officer as references to the court),
b
the property or part is realisable property other than exempt property F5(within the meaning of section 47C(4)), and
c
there are reasonable grounds for suspecting that—
i
the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the defendant, or
ii
the value of the property may otherwise be diminished as a result of conduct by the defendant or any other person.
F32A
A magistrates’ court may by order extend the period for which the property may be detained under section 47J if satisfied that—
a
any of the conditions in section 47B is met (reading references in that section to the officer as references to the court),
b
the property is free property, and
c
there are reasonable grounds for suspecting that the property is a cryptoasset-related item.
2B
An order under subsection (2A) may not be made in respect of exempt property unless the court is satisfied that the person applying for the order is working diligently and expeditiously—
a
to determine whether the property is a cryptoasset-related item, or
b
if it has already been determined to be such an item, to seize any related cryptoassets under section 47C(1).
2C
An order under subsection (2A) may not extend the period for which the property may be detained beyond the period of—
a
six months beginning with the date of the order, or
b
in the case of exempt property, 14 days beginning with that date.
This does not prevent the period from being further extended by another order under this section.
2D
The period of 14 days referred to in subsection (2C)(b) is to be calculated in accordance with section 47H(7) (reading the reference there to 48 hours as a reference to 14 days).
3
An application for an order may be made by—
a
the Commissioners for Her Majesty's Revenue and Customs,
F1aa
an immigration officer;
b
a constable,
F2ba
an SFO officer,
C6c
an accredited financial investigator, or
d
the prosecutor.
4
If the property was seized in reliance on the first or second condition in section 47B, “the prosecutor” means a person who is to have conduct of any proceedings for the offence.
5
An order under this section must provide for notice to be given to persons affected by it.
6
In this section—
F6“exempt property” has the meaning given in section 47C(4) (reading references there to the defendant as references to the person by whom the property is held);
“part” includes portion.
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.)