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Serious Organised Crime and Police Act 2005

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Change 1

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As published

100 Detention of seized cash: meaning of “48 hours”

(1) In the Proceeds of Crime Act 2002 (c. 29), Chapter 3 of Part 5 (civil recovery of cash in summary proceedings) is amended as follows. (2) In section 295 (detention of seized cash, initially for 48 hours), after subsection (1) insert— (1A) The period of 48 hours mentioned in subsection (1) is to be calculated in accordance with subsection (1B). (1B) In calculating a period of 48 hours in accordance with this subsection, no account shall be taken of— (a) any Saturday or Sunday, (b) Christmas Day, (c) Good Friday, (d) any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom within which the cash is seized, or (e) any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in a sheriff court in the sheriff court district within which the cash is seized. (3) In sections 290(6), 296(1) and 302(2), after “48 hours” insert “ (calculated in accordance with section 295(1B)) ”.

Your change, as a redline

100 Detention of seized cash: meaning of “48 hours”

(1) In the Proceeds of Crime Act 2002 (c. 29), Chapter 3 of Part 5 (civil recovery of cash in summary proceedings) is amended as follows. (2) In section 295 (detention of seized cash, initially for 48 hours), after subsection (1) insert— (1A) The period of 48 hours mentioned in subsection (1) is to be calculated in accordance with subsection (1B). (1B) In calculating a period of 48 hours in accordance with this subsection, no account shall be taken of— (a) any Saturday or Sunday, (b) Christmas Day, (c) Good Friday, (d) any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom within which the cash is seized, or (e) any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in a sheriff court in the sheriff court district within which the cash is seized. (3) In sections 290(6), 296(1) and 302(2), after “48 hours” insert “ (calculated in accordance with section 295(1B)) ”.

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