The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 2003

Application of article 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989

7.—(1) Article 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (execution of warrants) applies to search and seizure warrants sought for the purposes of a confiscation investigation or a money laundering investigation, with the modifications in paragraph (2).

(2) The modifications are that—

(a) paragraph (1) is omitted;

(b) in paragraph (2) for “Such a warrant”, there is substituted “A search and seizure warrant issued under section 352 of the Proceeds of Crime Act 2002”;

(c) in paragraph (2), for “constable”, there is substituted “appropriate person (within the meaning of Part 8 of the Proceeds of Crime Act 2002)”;

(d) for “the constable”, in each subsequent place where it occurs, there is substituted “the appropriate person”;

(e) for “a constable”, in each subsequent place where it occurs, there is substituted “an appropriate person”;

(f) at the beginning of paragraph (9), there is inserted “In the case of a warrant which is issued because the judge is satisfied that the requirement in section 352(6)(a) of the Proceeds of Crime Act 2002 is satisfied (production order made and not complied with),”;

(g) in paragraph (9)(a), for “articles or persons sought were”, there is substituted “material sought was”;

(h) in paragraph (9)(b), for “articles were seized, other than articles which were”, there is substituted “material was seized, other than material which was”;

(i) in paragraph (10), for “clerk of petty sessions for the petty sessions district in which the premises are situated”, there is substituted “chief clerk for the county court division in which the property is situated”.