http://www.legislation.gov.uk/ukpga/2007/27/section/75/enactedSerious Crime Act 2007CrimeCrown courtsCrime preventionCourts of lawFraudKing's Printer of Acts of Parliament2021-08-04
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Part 3Other measures to prevent or disrupt serious and other crimeChapter 2Proceeds of crimeDetained cash investigations: use of production orders and warrantsUse of production orders for detained cash investigations
75
1
After section 341(3) of the Proceeds of Crime Act 2002 (types of investigation to which Part 8 applies) insert—
3A
For the purposes of this Part a detained cash investigation is—
a
an investigation for the purposes of Chapter 3 of Part 5 into the derivation of cash detained under section 295 or a part of such cash, or
b
an investigation for the purposes of Chapter 3 of Part 5 into whether cash detained under section 295, or a part of such cash, is intended by any person to be used in unlawful conduct.
2
In section 345(2) of that Act (investigations in respect of which production orders may be made), in paragraph (b), after “a civil recovery investigation” insert “or a detained cash investigation”.
3
In section 346(2) of that Act (reasonable suspicion requirement for making a production order), after paragraph (b), insert—
ba
in the case of a detained cash investigation into the derivation of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property;
bb
in the case of a detained cash investigation into the intended use of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct;
.
4
In section 380(3) of that Act (investigations in respect of which production orders may be made in Scotland), in paragraph (b), after “a civil recovery investigation” insert “or a detained cash investigation”.
5
In section 381(2) of that Act (reasonable suspicion requirement for making a production order in Scotland), after paragraph (b), insert—
ba
in the case of a detained cash investigation into the derivation of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property;
bb
in the case of a detained cash investigation into the intended use of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct;
.