Part 3Other measures to prevent or disrupt serious and other crime

Chapter 2Proceeds of crime

Detained cash investigations: use of production orders and warrants

76Use of search warrants etc. for detained cash investigations

(1)

In section 352(2) of the Proceeds of Crime Act 2002 (c. 29) (investigations in respect of which a search and seizure warrant may be issued), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

(2)

In section 353(2) of that Act (reasonable suspicion grounds for warrant where no production order), after paragraph (b), insert—

“(ba)

in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, 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 specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;”.

(3)

After section 353(7) of that Act (types of material in respect of which warrant may be issued where no production order) insert—

“(7A)

In the case of a detained cash investigation into the derivation of cash, material falls within this subsection if it cannot be identified at the time of the application but it—

(a)

relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and

(b)

is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

(7B)

In the case of a detained cash investigation into the intended use of cash, material falls within this subsection if it cannot be identified at the time of the application but it—

(a)

relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and

(b)

is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.”

(4)

In section 387(3) of that Act (investigations in respect of which a search warrant may be issued in Scotland), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

(5)

In section 388(2) of that Act (reasonable suspicion grounds for issue of warrant in Scotland where no production order), after paragraph (b), insert—

“(ba)

in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, 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 specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;”.

(6)

After section 388(7) of that Act (types of material in respect of which warrant may be issued in Scotland where no production order) insert—

“(7A)

In the case of a detained cash investigation into the derivation of cash, material falls within this subsection if it cannot be identified at the time of the application but it—

(a)

relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and

(b)

is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

(7B)

In the case of a detained cash investigation into the intended use of cash, material falls within this subsection if it cannot be identified at the time of the application but it—

(a)

relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and

(b)

is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.”