Policing and Crime Act 2009
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Change 1
52 Power to retain seized property: England and Wales
(1) The Proceeds of Crime Act 2002 (c. 29) is amended as follows. (2) After section 41 insert— Restraint orders: power to retain seized property etc. 41A (1) A restraint order may include provision authorising the detention of any property to which it applies if the property— (a) is seized by an appropriate officer under a relevant seizure power, or (b) is produced to an appropriate officer in compliance with a production order under section 345. (2) Provision under subsection (1) may, in particular— (a) relate to specified property, to property of a specified description or to all property to which the restraint order applies; (b) relate to property that has already been seized or produced or to property that may be seized or produced in future. (3) “Appropriate officer” means— (a) an accredited financial investigator; (b) a constable; (c) an officer of Revenue and Customs; (d) a member of staff of SOCA; (e) a member of staff of the relevant director (within the meaning of section 352(5A)). (4) “Relevant seizure power” means a power to seize property which is conferred by or by virtue of— (a) section 47C, (b) section 352, or (c) Part 2 or 3 of the Police and Criminal Evidence Act 1984 (including as applied by order under section 114(2) of that Act). (5) The Secretary of State may by order amend the definition of “relevant seizure power”. (3) After section 44 insert— Detention of property pending appeal 44A (1) This section applies where— (a) a restraint order includes provision under section 41A authorising the detention of property, and (b) the restraint order is discharged under section 42(5) or 43(3)(b). (2) This section also applies where— (a) a restraint order includes provision under section 41A authorising the detention of property, and (b) the restraint order is varied under section 42(5) or 43(3)(b) so as to omit any such provision. (3) The property may be detained until there is no further possibility of an appeal against— (a) the decision to discharge or vary the restraint order, or (b) any decision made on an appeal against that decision.
52 Power to retain seized property: England and Wales
(1) The Proceeds of Crime Act 2002 (c. 29) is amended as follows. (2) After section 41 insert— Restraint orders: power to retain seized property etc. 41A (1) A restraint order may include provision authorising the detention of any property to which it applies if the property— (a) is seized by an appropriate officer under a relevant seizure power, or (b) is produced to an appropriate officer in compliance with a production order under section 345. (2) Provision under subsection (1) may, in particular— (a) relate to specified property, to property of a specified description or to all property to which the restraint order applies; (b) relate to property that has already been seized or produced or to property that may be seized or produced in future. (3) “Appropriate officer” means— (a) an accredited financial investigator; (b) a constable; (c) an officer of Revenue and Customs; (d) a member of staff of SOCA; (e) a member of staff of the relevant director (within the meaning of section 352(5A)). (4) “Relevant seizure power” means a power to seize property which is conferred by or by virtue of— (a) section 47C, (b) section 352, or (c) Part 2 or 3 of the Police and Criminal Evidence Act 1984 (including as applied by order under section 114(2) of that Act). (5) The Secretary of State may by order amend the definition of “relevant seizure power”. (3) After section 44 insert— Detention of property pending appeal 44A (1) This section applies where— (a) a restraint order includes provision under section 41A authorising the detention of property, and (b) the restraint order is discharged under section 42(5) or 43(3)(b). (2) This section also applies where— (a) a restraint order includes provision under section 41A authorising the detention of property, and (b) the restraint order is varied under section 42(5) or 43(3)(b) so as to omit any such provision. (3) The property may be detained until there is no further possibility of an appeal against— (a) the decision to discharge or vary the restraint order, or (b) any decision made on an appeal against that decision.
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