Law

Proceeds of Crime Act 2002

United Kingdom · statute

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In force since 2026-06-30, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 824 provisions

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824 provisions

184 Enforcement authority

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185 Enforcement as fines etc

(1) This section applies if a court makes a confiscation order. (2) Section 35(1)(c), ... (4) and (5) of the Criminal Justice Act (Northern Ireland) 1945 (c. 15) (functions of court as to fines) apply as if the amount ordered to be paid were a fine imposed on the defendant by the Crown Court. (2A) Where a court is fixing a term of imprisonment or detention under section 35(1)(c) of that Act (as applied by subsection (2) above) in respect of an amount ordered to be paid under a confiscation order, the maximum terms are those specified in the second column of the Table for amounts described in the corresponding entry in the first column. TABLE Amount | Maximum term £10,000 or less | 6 months More than £10,000 but no more than £500,000 | 5 years More than £500,000 but no more than £1 million | 7 years More than £1 million | 14 years (2B) The Department of Justice in Northern Ireland may by order— (a) amend subsection (2A) so as to provide for minimum terms of imprisonment or detention under section 35(1)(c) of that Act (as applied by subsection (2) above) in respect of amounts ordered to be paid under a confiscation order; (b) amend the Table in subsection (2A) so as to remove, alter or replace any entry (including an entry inserted by virtue of the power in paragraph (a) of this subsection) or to add any entry. (3) An amount payable under a confiscation order is not a fine, costs, damages or compensation for the purposes of Article 35 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (parent or guardian to pay fine etc. instead of child).

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186 Director’s application for enforcement

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187 Provisions about imprisonment or detention

(1) Subsection (2) applies if— (a) a warrant committing the defendant to prison or detention is issued for a default in payment of an amount ordered to be paid under a confiscation order in respect of an offence or offences, and (b) at the time the warrant is issued the defendant is liable to serve a term of custody in respect of the offence (or any of the offences). (2) In such a case the term of imprisonment or of detention to be served in default of payment of the amount does not begin to run until after the term mentioned in subsection (1)(b) above. (3) The reference in subsection (1)(b) to the term of custody the defendant is liable to serve in respect of the offence (or any of the offences) is a reference to the term of imprisonment, or detention under section 5 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)), which he is liable to serve in respect of the offence (or any of the offences). (4) For the purposes of subsection (3) consecutive terms and terms which are wholly or partly concurrent must be treated as a single term and the following must be ignored— (a) any sentence of imprisonment or order for detention suspended under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968 which has not taken effect at the time the warrant is issued; (b) any term of imprisonment or detention fixed under section 35(1)(c) of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) (term to be served in default of payment of fine etc) for which a warrant committing the defendant to prison or detention has not been issued at that time. (5) If the defendant serves a term of imprisonment or detention in default of paying any amount due under a confiscation order, his serving that term does not prevent the confiscation order from continuing to have effect so far as any other method of enforcement is concerned.

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188 Reconsideration etc: variation of prison term

(1) Subsection (2) applies if— (a) a court varies a confiscation order under section 171, 172, 173, 179, 182 or 183, (b) the effect of the variation is to vary the maximum period applicable in relation to the order under section 35(2) of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)), and (c) the result is that that maximum period is less than the term of imprisonment or detention fixed in respect of the order under section 35(1)(c) of that Act. (2) In such a case the court must fix a reduced term of imprisonment or detention in respect of the confiscation order under section 35(1)(c) of that Act in place of the term previously fixed. (3) Subsection (4) applies if paragraphs (a) and (b) of subsection (1) apply but paragraph (c) does not. (4) In such a case the court may amend the term of imprisonment or detention fixed in respect of the confiscation order under section 35(1)(c) of that Act. (5) If the effect of section 162 is to increase the maximum period applicable in relation to a confiscation order under section 35(2) of that Act, on the application of the prosecutor the Crown Court may amend the term of imprisonment or detention fixed in respect of the order under section 35(1)(c) of that Act. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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189 Conditions for exercise of powers

(1) The High Court may exercise the powers conferred by section 190 if any of the following conditions is satisfied. (2) The first condition is that— (a) a criminal investigation has been started in Northern Ireland with regard to an offence, and (b) there are reasonable grounds to suspect that the alleged offender has benefited from his criminal conduct. (3) The second condition is that— (a) proceedings for an offence have been started in Northern Ireland and not concluded, (b) there is reasonable cause to believe that the defendant has benefited from his criminal conduct. (4) The third condition is that— (a) an application by the prosecutor ... has been made under section 169, 170, 177 or 178 and not concluded, or the court believes that such an application is to be made, and (b) there is reasonable cause to believe that the defendant has benefited from his criminal conduct. (5) The fourth condition is that— (a) an application by the prosecutor ... has been made under section 171 and not concluded, or the court believes that such an application is to be made, and (b) there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the defendant’s benefit exceeds the relevant amount (as defined in that section). (6) The fifth condition is that— (a) an application by the prosecutor ... has been made under section 172 and not concluded, or the court believes that such an application is to be made, and (b) there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section). (7) The second condition is not satisfied if the court believes that— (a) there has been undue delay in continuing the proceedings, or (b) the prosecutor does not intend to proceed. (8) If an application mentioned in the third, fourth or fifth condition has been made the condition is not satisfied if the court believes that— (a) there has been undue delay in continuing the application, or (b) the prosecutor ... does not intend to proceed. (9) If the first condition is satisfied— (a) references in this Part to the defendant are to the alleged offender; (b) references in this Part to the prosecutor are to the person the court believes is to have conduct of any proceedings for the offence; (c) section 225(9) has effect as if proceedings for the offence had been started against the defendant when the investigation was started.

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190 Restraint orders

(1) If any condition set out in section 189 is satisfied the High Court may make an order (a restraint order) prohibiting any specified person from dealing with any realisable property held by him. (2) A restraint order may provide that it applies— (a) to all realisable property held by the specified person whether or not the property is described in the order; (b) to realisable property transferred to the specified person after the order is made. (3) A restraint order may be made subject to exceptions, and an exception may in particular— (a) make provision for reasonable living expenses and reasonable legal expenses; (b) make provision for the purpose of enabling any person to carry on any trade, business, profession or occupation; (c) be made subject to conditions. (4) But an exception to a restraint order may not make provision for any legal expenses which— (a) relate to an offence which falls within subsection (5), and (b) are incurred by the defendant or by a recipient of a tainted gift. (5) These offences fall within this subsection— (a) the offence mentioned in section 189(2) or (3), if the first or second condition (as the case may be) is satisfied; (b) the offence (or any of the offences) concerned, if the third, fourth or fifth condition is satisfied. (6) Subsection (7) applies if— (a) the court makes a restraint order, and (b) the applicant for the order applies to the court to proceed under subsection (7) (whether as part of the application for the restraint order or at any time afterwards). (7) The court may make such order as it believes is appropriate for the purpose of ensuring that the restraint order is effective. (7A) Subsections (7B) and (7C) apply where the High Court makes a restraint order (by virtue of the first condition in section 189) as a result of a criminal investigation having been started in Northern Ireland with regard to an offence. (7B) The court— (a) must include in the order a requirement for the applicant for the order to report to the court on the progress of the investigation at such times and in such manner as the order may specify (a “reporting requirement”), and (b) must discharge the order if proceedings for the offence are not started within a reasonable time (and this duty applies whether or not an application to discharge the order is made under section 191(3)). (7C) The duty under subsection (7B)(a) does not apply if the court decides that, in the circumstances of the case, a reporting requirement should not be imposed, but the court— (a) must give reasons for its decision, and (b) may at any time vary the order so as to include a reporting requirement (and this power applies whether or not an application to vary the order is made under section 191(3)). (7D) In considering whether to make an order under subsection (7), the court must, in particular, consider whether any restriction or prohibition on the defendant's travel outside the United Kingdom ought to be imposed for the purpose mentioned in that subsection. (8) A restraint order does not affect property for the time being subject to a charge under any of these provisions— (a) section 9 of the Drug Trafficking Offences Act 1986 (c. 32); (b) section 78 of the Criminal Justice Act 1988 (c. 33); (c) Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17)); (d) section 27 of the Drug Trafficking Act 1994 (c. 37); (e) Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)). (9) Dealing with property includes removing it from Northern Ireland.

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190A Restraint orders: power to retain seized property

(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; (ca) an immigration officer; (d) a National Crime Agency officer; (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 conferred by or by virtue of— (a) section 195C, (b) section 352, or (c) Part 3 or 4 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (including as applied by order under Article 85(1) of that Order). (5) The Secretary of State may by order amend the definition of “relevant seizure power”.

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191 Application, discharge and variation

(1) A restraint order— (a) may be made only on an application by an applicant falling within subsection (2); (b) may be made on an ex parte application to a judge in chambers. (2) These applicants fall within this subsection— (a) the prosecutor; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) an accredited financial investigator. (3) An application to discharge or vary a restraint order or an order under section 190(7) may be made to the High Court by— (a) the person who applied for the order; (b) any person affected by the order. (4) Subsections (5) to (8) apply to an application under subsection (3). (5) The court— (a) may discharge the order; (b) may vary the order. (6) If the condition in section 189 which was satisfied was that proceedings were started or an application was made, the court must discharge the order on the conclusion of the proceedings or of the application (as the case may be). (6A) The duty in subsection (6) to discharge a restraint order on the conclusion of proceedings does not apply where— (a) the proceedings are concluded by reason of a defendant's conviction for an offence being quashed, (b) the order is in force at the time when the conviction is quashed, and (c) the Court of Appeal has ordered the defendant to be retried for the offence or the prosecutor has applied for such an order to be made. (6B) But the court must discharge the restraint order— (a) if the Court of Appeal declines to make an order for the defendant to be retried, (b) if the Court of Appeal orders the defendant to be retried but proceedings for the retrial are not started within a reasonable time, or (c) otherwise, on the conclusion of proceedings for the retrial of the defendant. (7) If the condition in section 189 which was satisfied was that an investigation was started— (a) the court must discharge the order if within a reasonable time proceedings for the offence are not started; (b) otherwise, the court must discharge the order on the conclusion of the proceedings. (8) If the condition in section 189 which was satisfied was that an application was to be made— (a) the court must discharge the order if within a reasonable time the application is not made; (b) otherwise, the court must discharge the order on the conclusion of the application.

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192 Appeal to Court of Appeal

(1) If on an application for a restraint order the court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision. (2) If an application is made under section 191(3) in relation to a restraint order or an order under section 190(7) the following persons may appeal to the Court of Appeal in respect of the High Court’s decision on the application— (a) the person who applied for the order; (b) any person affected by the order. (3) On an appeal under subsection (1) or (2) the Court of Appeal may— (a) confirm the decision, or (b) make such order as it believes is appropriate.

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193 Appeal to Supreme Court

(1) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under section 192. (2) An appeal under this section lies at the instance of any person who was a party to the proceedings before the Court of Appeal. (3) On an appeal under this section the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) make such order as it believes is appropriate.

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193A Detention of property pending appeal

(1) This section applies where— (a) a restraint order includes provision under section 190A authorising the detention of property, and (b) the restraint order is discharged under section 191(5) or 192(3)(b). (2) This section also applies where— (a) a restraint order includes provision under section 190A authorising the detention of property, and (b) the restraint order is varied under section 191(5) or 192(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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194 Seizure

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195 Supplementary

(1) The person applying for a restraint order must be treated for the purposes of section 66 of the Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.)) (cautions) as a person interested in relation to any registered land to which— (a) the application relates, or (b) a restraint order made in pursuance of the application relates. (2) Upon being served with a copy of a restraint order, the Registrar shall, in respect of any registered land to which a restraint order or an application for a restraint order relates, make an entry inhibiting any dealing with the land without the consent of the High Court. (3) Subsections (2) and (4) of section 67 of the Land Registration Act (Northern Ireland) 1970 (inhibitions) shall apply to an entry made under subsection (2) as they apply to an entry made on the application of any person interested in the registered land under subsection (1) of that section. (4) Where a restraint order has been protected by an entry registered under the Land Registration Act (Northern Ireland) 1970 or the Registration of Deeds Acts, an order discharging the restraint order may require that the entry be vacated. (5) In this section— “Registrar” and “entry” have the same meanings as in the Land Registration Act (Northern Ireland) 1970; and “Registration of Deeds Acts” has the meaning given by section 46(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

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195A Sections 195B to 195S: meaning of “appropriate officer”

(1) In sections 195B to 195S “appropriate officer” means— (a) an officer of Revenue and Customs, (aa) an immigration officer, or (b) a constable, ... (ba) an SFO officer, or (c) an accredited financial investigator. (2) In subsection (1)(c) the reference to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that provision by the Secretary of State under section 453.

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195B Conditions for exercise of powers

(1) An appropriate officer may exercise the power conferred by section 195C if satisfied that any of the following conditions is met. (2) The first condition is that— (a) a criminal investigation has been started in Northern Ireland with regard to an indictable offence, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) proceedings for the offence have not yet been started against the person in Northern Ireland, (d) there are reasonable grounds to suspect that the person has benefited from conduct constituting the offence, and (e) a restraint order is not in force in respect of any realisable property. (3) The second condition is that— (a) a criminal investigation has been started in Northern Ireland with regard to an indictable offence, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) proceedings for the offence have not yet been started against the person in Northern Ireland, and (d) a restraint order is in force in respect of any realisable property. (4) The third condition is that— (a) proceedings for an indictable offence have been started in Northern Ireland and have not been concluded, (b) there is reasonable cause to believe that the defendant has benefited from conduct constituting the offence, and (c) a restraint order is not in force in respect of any realisable property. (5) The fourth condition is that— (a) proceedings for an indictable offence have been started in Northern Ireland and have not been concluded, and (b) a restraint order is in force in respect of any realisable property. (6) The fifth condition is that— (a) an application by the prosecutor has been made under section 169, 170, 177 or 178 and not concluded, or the officer believes that such an application is to be made, and (b) there is reasonable cause to believe that the defendant has benefited from criminal conduct. (7) The sixth condition is that— (a) an application by the prosecutor has been made under section 171 and not concluded, or the officer believes that such an application is to be made, and (b) there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the defendant's benefit exceeds the relevant amount (as defined in that section). (8) The seventh condition is that— (a) an application by the prosecutor has been made under section 172 and not concluded, or the officer believes that such an application is to be made, and (b) there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section). (9) The third or fourth condition is not met if the officer believes that— (a) there has been undue delay in continuing the proceedings, or (b) the prosecutor does not intend to proceed. (10) If an application mentioned in the fifth, sixth or seventh condition has been made the condition is not met if the officer believes that— (a) there has been undue delay in continuing the application, or (b) the prosecutor does not intend to proceed. (11) In relation to the first or second condition references in sections 195C to 195S to the defendant are to the person mentioned in that condition. (12) In relation to the first or second condition section 225(9) has effect as if proceedings for the offence had been started against the defendant when the investigation was started.

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195C Power to seize property

(1) On being satisfied as mentioned in section 195B(1) an appropriate officer may seize any realisable property if the officer has reasonable grounds for suspecting that— (a) the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the defendant, or (b) the value of the property may otherwise be diminished as a result of conduct by the defendant or any other person. (2) But the officer may not under subsection (1) seize— (a) cash, or (b) exempt property. (3) “Cash” has the same meaning as in section 289. (4) “Exempt property” means— (a) such tools, books, vehicles and other items of equipment as are necessary to the defendant for use personally in the defendant's employment, business or vocation; (b) such clothing, bedding, furniture, household equipment, provisions or other things as are necessary for satisfying the basic domestic needs of the defendant and the defendant's family. (5) In relation to realisable property which is free property held by the recipient of a tainted gift, references in subsection (4) to the defendant are to be read as references to the recipient of that gift. Section 195B(11) is subject to this subsection. (5A) On being satisfied as mentioned in section 195B(1) an appropriate officer may seize any free property if the officer has reasonable grounds for suspecting that it is a cryptoasset-related item. (5B) A “cryptoasset-related item” is an item of property that is, or that contains or gives access to information that is, likely to assist in the seizure under subsection (1) of any cryptoasset. (5C) The circumstances in which a cryptoasset is “seized” for the purposes of subsection (1) include circumstances in which it is transferred into a crypto wallet controlled by the appropriate officer. (5D) If an appropriate officer is lawfully on any premises, the officer may, for the purpose of— (a) determining whether any property is a cryptoasset-related item, or (b) enabling or facilitating the seizure under subsection (1) of any cryptoasset, require any information which is stored in any electronic form and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form. (5E) But subsection (5D) does not authorise an appropriate officer to require a person to produce information which the person would be entitled to refuse to provide on grounds of legal professional privilege in proceedings in the High Court. (5F) Where an appropriate officer has seized a cryptoasset-related item under subsection (5A), they may use any information obtained from it for the purpose of— (a) identifying or gaining access to a crypto wallet, and (b) by doing so, enabling or facilitating the seizure under subsection (1) of any cryptoassets. (6) The power conferred by this section— (a) may be exercised only with the appropriate approval under section 195G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power, and (aa) where applicable, in accordance with subsection (6A) or (6B). (6A) The power conferred by this section is exercisable by an officer of Revenue and Customs only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence relates to an assigned matter (within the meaning of the Customs and Excise Management Act 1979). (6B) The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence— (a) relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or (b) is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment. (7) “Relevant offence” means— (a) in a case where the officer is satisfied that the first, second, third or fourth condition in section 195B is met, the offence mentioned in that condition, (b) in a case where the officer is satisfied that any of the other conditions in section 195B is met, the offence (or any of the offences) concerned. (8) Relevant nationality enactment” means any enactment in— (a) the British Nationality Act 1981, (b) the Hong Kong Act 1985, (c) the Hong Kong (War Wives and Widows) Act 1996, (d) the British Nationality (Hong Kong) Act 1997, (e) the British Overseas Territories Act 2002, or (f) an instrument made under any of those Acts.

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195D Search power: premises

(1) If an appropriate officer is lawfully on any premises the officer may search the premises for the purpose of finding any property which— (a) the officer has reasonable grounds for suspecting may be found there, and (b) if found there, the officer intends to seize under section 195C. (2) The power conferred by this section may be exercised only with the appropriate approval under section 195G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power. (3) “Premises” has the meaning given by Article 25 of the Police and Criminal Evidence (Northern Ireland) Order 1989.

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195E Search power: people

(1) An appropriate officer may exercise the following powers if the officer has reasonable grounds for suspecting that a person is carrying property that may be seized under section 195C. (2) The officer may, so far as the officer thinks it necessary or expedient for the purpose of seizing the property under that section, require the person— (a) to permit a search of any article with the person, (b) to permit a search of the person. (3) An officer exercising a power under subsection (2) may detain the person for so long as is necessary for its exercise. (4) A power conferred by this section may be exercised only with the appropriate approval under section 195G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power. (5) This section does not require a person to submit to an intimate search or strip search (within the meaning of section 164 of the Customs and Excise Management Act 1979).

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195F Search power: vehicles

(1) The powers specified in subsection (4) are exercisable if— (a) an appropriate officer has reasonable grounds for suspecting that a vehicle contains property that may be seized under section 195C, and (b) it appears to the officer that the vehicle is under the control of a person who is in or in the vicinity of the vehicle. (2) The powers are exercisable only if the vehicle is— (a) in any place to which, at the time of the proposed exercise of the powers, the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, or (b) in any other place to which at that time people have ready access but which is not a dwelling. (3) But if the vehicle is in a garden or yard or other land occupied with and used for the purposes of a dwelling, the officer may exercise the powers under subsection (4) only if the officer has reasonable grounds for believing— (a) that the person does not reside in the dwelling, and (b) that the vehicle is not in the place in question with the express or implied permission of another who resides in the dwelling. (4) The officer may, so far as the officer thinks it necessary or expedient for the purpose of seizing the property under section 195C, require the person to— (a) permit entry to the vehicle, (b) permit a search of the vehicle. (5) An officer exercising a power under subsection (4) may detain the vehicle for so long as is necessary for its exercise. (6) A power conferred by this section may be exercised only with the appropriate approval under section 195G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power.

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195G “Appropriate approval”

(1) This section has effect for the purposes of sections 195C, 195D, 195E and 195F. (2) The appropriate approval, in relation to the exercise of a power by an appropriate officer, means the approval of a lay magistrate or (if that is not practicable in any case) the approval of a senior officer. (3) A senior officer means— (a) in relation to the exercise of a power by an officer of Revenue and Customs, an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer, (aa) in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer, (ba) in relation to the exercise of a power by an accredited financial investigator who is a member of staff of the Police Service of Northern Ireland, a senior police officer, (ab) in relation to the exercise of a power by a National Crime Agency officer, the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose, (ac) in relation to the exercise of a power by an SFO officer, the Director of the Serious Fraud Office, (b) in relation to the exercise of a power by a constable, a senior police officer, (c) in relation to the exercise of a power by an accredited financial investigator who does not fall within any of the preceding paragraphs, an accredited financial investigator who falls within a description specified in an order made for this purpose by the Secretary of State under section 453. (4) A senior police officer means a police officer of at least the rank of inspector.

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195H Exercise of powers without judicial approval

(1) An appropriate officer must give a written report to the appointed person in any case where— (a) the officer seizes property under section 195C without the approval of a lay magistrate, and (b) any of the property seized is not detained for more than 48 hours. (2) An appropriate officer must also give a written report to the appointed person in any case where— (a) the officer exercises any of the powers conferred by sections 195D, 195E and 195F without the approval of a lay magistrate, and (b) no property is seized under section 195C. (3) A report under this section must give particulars of the circumstances which led the officer to believe that— (a) the powers were exercisable, and (b) it was not practicable to obtain the approval of a lay magistrate. (4) The appointed person means a person appointed for the purposes of this subsection by the Department of Justice . (5) The appointed person must not be a person employed under or for the purposes of a government department; and the terms and conditions of appointment, including any remuneration or expenses to be paid, are to be determined by the Department of Justice . (5A) “Government department” includes a Northern Ireland department. (6) The period of 48 hours mentioned in subsection (1)(b) is to be calculated in accordance with subsection (7). (7) In calculating a period of 48 hours in accordance with this subsection, no account is to be taken of— (a) any Saturday or Sunday, (b) Christmas Day, (c) Good Friday, or (d) any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in Northern Ireland.

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195I Report by appointed person on exercise of powers

(1) As soon as possible after the end of each financial year, the person appointed under section 195H(4) must prepare a report for that year. (2) “Financial year” means— (a) the period beginning with the day on which section 57 of the Policing and Crime Act 2009 comes into force and ending with the next 31 March (which is the first financial year), and (b) each subsequent period of twelve months beginning with 1 April. (3) The report must give the appointed person's opinion as to the circumstances and manner in which the powers conferred by sections 195C, 195D, 195E and 195F are being exercised in cases where the officer who exercised them is required to give a report under section 195H. (4) The report may make any recommendations the appointed person considers appropriate. (5) The appointed person must send a copy of the report to the Department of Justice . (6) The Department of Justice must— (a) publish any report received under subsection (5), and (b) lay a copy before the Northern Ireland Assembly . (6A) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6)(b) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment. (7) Before acting under subsection (6) the Department of Justice must exclude from the report any matter which the Department of Justice thinks is likely to prejudice any criminal investigation or criminal proceedings. (8) If the Department of Justice excludes any matter from the report the Department of Justice must comply with subsection (6) in relation to the whole of the report as soon as the Department of Justice thinks that the excluded matter is no longer likely to prejudice any criminal investigation or criminal proceedings.

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195J Initial detention of seized property

(1) This section applies if an appropriate officer seizes property under section 195C. (2) The property may be detained initially for a period of 48 hours. (3) The period of 48 hours is to be calculated in accordance with section 195H(7).

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195K Further detention pending making of restraint order

(1) This section applies if— (a) property is detained under section 195J, and (b) no restraint order is in force in respect of the property. (2) If within the period mentioned in section 195J an application is made for a restraint order which includes provision under section 190A authorising detention of the property, the property may be detained until the application is determined or otherwise disposed of. (3) If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against— (a) the decision to refuse the application, or (b) any decision made on an appeal against that decision. (4) In subsection (2) the reference to the period mentioned in section 195J includes that period as extended by any order under section 195M. (5) Exempt property seized under section 195C(5A) may be detained under subsections (2) and (3) only with the approval of a senior officer. (6) In subsection (5)— “exempt property” has the meaning given in section 195C(4) (reading references there to the defendant as references to the person by whom the property is held); “senior officer” has the meaning given in section 195G(3) (and for this purpose, the powers under subsections (2) and (3) to detain property are to be treated as exercised by the appropriate officer who seized the property).

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195L Further detention pending variation of restraint order

(1) This section applies if— (a) property is detained under section 195J, (b) a restraint order is in force in respect of the property, and (c) the order does not include provision under section 190A authorising the detention of the property. (2) If within the period mentioned in section 195J an application is made for the order to be varied so as to include provision under section 190A authorising detention of the property, the property may be detained until the application is determined or otherwise disposed of. (3) If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against— (a) the decision to refuse the application, or (b) any decision made on an appeal against that decision. (4) Exempt property seized under section 195C(5A) may be detained under subsections (2) and (3) only with the approval of a senior officer. (5) In subsection (4)— “exempt property” has the meaning given in section 195C(4) (reading references there to the defendant as references to the person by whom the property is held); “senior officer” has the meaning given in section 195G(3) (and for this purpose, the powers under subsections (2) and (3) to detain property are to be treated as exercised by the appropriate officer who seized the property).

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195M Further detention in other cases

(1) This section applies if— (a) property is detained under section 195J, (b) no restraint order is in force in respect of the property, and (c) no application has been made for a restraint order which includes provision under section 190A authorising detention of the property. (2) A magistrates' court may by order extend the period for which the property or any part of it may be detained under section 195J if satisfied that— (a) any of the conditions in section 195B is met (reading references in that section to the officer as references to the court), (b) the property or part is realisable property other than exempt property ..., and (c) there are reasonable grounds for suspecting that— (i) the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the defendant, or (ii) the value of the property may otherwise be diminished as a result of conduct by the defendant or any other person. (2A) A magistrates’ court may by order extend the period for which the property may be detained under section 195J if satisfied that— (a) any of the conditions in section 195B is met (reading references in that section to the officer as references to the court), (b) the property is free property, and (c) there are reasonable grounds for suspecting that the property is a cryptoasset-related item. (2B) An order under subsection (2A) may not be made in respect of exempt property unless the court is satisfied that the person applying for the order is working diligently and expeditiously— (a) to determine whether the property is a cryptoasset-related item, or (b) if it has already been determined to be such an item, to seize any related cryptoassets under section 195C(1). (2C) An order under subsection (2A) may not extend the period for which the property may be detained beyond the period of— (a) six months beginning with the date of the order, or (b) in the case of exempt property, 14 days beginning with that date. This does not prevent the period from being further extended by another order under this section. (2D) The period of 14 days referred to in subsection (2C)(b) is to be calculated in accordance with section 195H(7) (reading the reference there to 48 hours as a reference to 14 days). (3) An application for an order may be made by— (a) the Commissioners for Her Majesty's Revenue and Customs, (aa) an immigration officer; (b) a constable, (ba) an SFO officer, (c) an accredited financial investigator, or (d) the prosecutor. (4) If the property was seized in reliance on the first or second condition in section 195B, “the prosecutor” means a person who is to have conduct of any proceedings for the offence. (5) An order under this section must provide for notice to be given to persons affected by it. (6) In this section— “exempt property” has the meaning given in section 195C(4) (reading references there to the defendant as references to the person by whom the property is held); “part” includes portion.

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195N Discharge, variation and lapse of detention order

(1) An order under section 195M may be discharged or varied. (2) An application for variation or discharge of the order may be made by— (a) a person mentioned in section 195M(3), or (b) any person affected by the order. (3) On an application under this section the court must discharge the order if— (a) the order was made on the ground that the first or second condition in section 195B was met but proceedings for the offence mentioned in that condition have not been started within a reasonable time, (b) the order was made on the ground that the third or fourth condition in section 195B was met but proceedings for the offence mentioned in that condition have now been concluded, (c) the order was made on the ground that the fifth, sixth or seventh condition in section 195B was met but the application mentioned in that condition has now been concluded or, as the case may be, has not been made within a reasonable time. (4) An order made under section 195M lapses if a restraint order is made in respect of the property to which it relates (but provision authorising detention of the property may have been included in the restraint order by virtue of section 190A).

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195O Appeals

(1) If on an application for an order under section 195M the court decides not to make one, a person mentioned in subsection (3) of that section may appeal to the county court against the decision. (2) If an application is made under section 195N in relation to an order the following persons may appeal to the county court in respect of the magistrates' court's decision on the application— (a) a person mentioned in section 195M(3), or (b) any person affected by the order.

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195P Detention of property pending section 195O appeal

(1) This section applies where— (a) an application for an order under section 195M is made within the period mentioned in section 195J, and (b) the application is refused. (2) This section also applies where— (a) an order is made under section 195M extending the period for which property may be detained under section 195J, and (b) the order is discharged or varied so that detention of the property is no longer authorised by virtue of the order. (3) The property may be detained until there is no further possibility of an appeal against the decision to refuse the application or discharge or vary the order (as the case may be).

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195Q Hearsay evidence in detention order proceedings

(1) Evidence must not be excluded in detention order proceedings on the ground that it is hearsay (of whatever degree). (2) Articles 4 and 5 of the Civil Evidence (Northern Ireland) Order 1997 apply in relation to detention order proceedings as those articles apply in relation to civil proceedings. (3) Detention order proceedings are proceedings— (a) for an order under section 195M; (b) for the discharge or variation of such an order; (c) on an appeal under section 195O. (4) Hearsay is a statement which is made otherwise than by a person while giving oral evidence in the proceedings and which is tendered as evidence of the matters stated. (5) Nothing in this section affects the admissibility of evidence which is admissible apart from this section.

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195R Release of property

(1) This section applies in relation to property which— (a) has been seized by an appropriate officer under section 195C, and (b) is detained under or by virtue of any of sections 195J to 195M and 195P. (2) The property must be released if at any time an appropriate officer decides that the detention condition is no longer met. (3) The detention condition is met for so long as— (a) any of the conditions in section 195B is met, and (b) there are reasonable grounds for the suspicion mentioned in section 195C(1) or (5A). (4) Nothing in this section requires property to be released if there is a power to detain it otherwise than under or by virtue of sections 195J to 195M and 195P. (5) Nothing in this section affects the operation of any power or duty to release property that arises apart from this section. (6) If a cryptoasset-related item which has been released is not claimed within the period of a year beginning with the date on which it was released, the appropriate officer may— (a) retain the item and deal with it as they see fit, (b) dispose of the item, or (c) destroy the item. (7) The powers in subsection (6) may be exercised only— (a) where the appropriate officer has taken reasonable steps to notify— (i) the person from whom the item was seized, and (ii) any other persons who the appropriate officer has reasonable grounds to believe have an interest in the item, that the item has been released, and (b) with the approval of a senior officer. (8) “Senior officer” in subsection (7)(b) has the meaning given in section 195G(3). (9) Any proceeds of a disposal of the item are to be paid into the Consolidated Fund.

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195S Codes of practice : Secretary of State

(1) The Secretary of State must make a code of practice in connection with— (a) the carrying out by officers of Revenue and Customs , immigration officers and SFO officers of the functions conferred by section 195C to 195H, (b) the carrying out by senior officers of their functions under section 195G, and (c) the detention of property by officers of Revenue and Customs , immigration officers , SFO officers and members of staff of SOCA by officers of Revenue and Customs and NCA officers under or by virtue of sections 190A, 193A and 195J to 195P. (1A) In subsection (1) senior officers means— (a) officers of Revenue and Customs of a rank designated by the Commissioners for Her Majesty’s Revenue and Customs as equivalent to that of a senior police officer, (b) immigration officers of a rank designated by the Secretary of State as equivalent to that of a senior police officer. (c) the Director of the Serious Fraud Office. (1B) A senior police officer means a police officer of at least the rank of inspector. (2) Where the Secretary of State proposes to issue a code of practice the Secretary of State must— (a) publish a draft, (b) consider any representations made about the draft, (c) if the Secretary of State thinks appropriate, modify the draft in the light of any such representations. (2A) The Secretary of State must also consult the Attorney General about the draft in its application to the exercise of powers by SFO officers and the Director of the Serious Fraud Office. (3) The Secretary of State must lay a draft of the code before Parliament. (4) When the Secretary of State has laid a draft of the code before Parliament the Secretary of State may bring it into operation by order. (5) The Secretary of State may revise the whole or any part of the code and issue the code as revised; and subsections (2) to (4) apply to such a revised code as they apply to the original code. (6) A failure by a person to comply with a provision of the code does not of itself make the person liable to criminal or civil proceedings. (7) The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

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195T Codes of practice: Department of Justice

(1) The Department of Justice must make a code of practice in connection with— (a) the carrying out by constables and accredited financial investigators of the functions conferred by sections 195C to 195H, (b) the carrying out by senior officers of their functions under section 195G, and (c) the detention of property by— (i) constables, (ii) accredited financial investigators, and (iii) members of staff of the relevant director (within the meaning of section 352(5A)(b)), under or by virtue of sections 190A, 193A and 195J to 195P. (2) In subsection (1)(b) senior officers means— (a) police officers of at least the rank of inspector, (b) accredited financial investigators who fall within a description specified in an order made for this purpose by the Secretary of State under section 453. (3) Where the Department of Justice proposes to issue a code of practice the Department of Justice must— (a) publish a draft, (b) consider any representations made about the draft, (c) if the Department of Justice thinks appropriate, modify the draft in the light of any such representations. (4) The Department of Justice must lay a draft of the code before the Northern Ireland Assembly. (5) When the Department of Justice has laid a draft of the code before the Assembly the Department of Justice may bring it into operation by order. (6) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment. (7) The Department of Justice may revise the whole or any part of the code and issue the code as revised; and subsections (3) to (6) apply to such a revised code as they apply to the original code. (8) A failure by a person to comply with a provision of the code does not of itself make the person liable to criminal or civil proceedings. (9) The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

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196 Appointment

(1) Subsection (2) applies if— (a) the High Court makes a restraint order, and (b) the applicant for the restraint order applies to the court to proceed under subsection (2) (whether as part of the application for the restraint order or at any time afterwards). (2) The High Court may by order appoint a receiver in respect of any realisable property to which the restraint order applies.

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197 Powers

(1) If the court appoints a receiver under section 196 it may act under this section on the application of the person who applied for the restraint order. (2) The court may by order confer on the receiver the following powers in relation to any realisable property to which the restraint order applies— (a) power to take possession of the property; (b) power to manage or otherwise deal with the property; (c) power to start, carry on or defend any legal proceedings in respect of the property; (d) power to realise so much of the property as is necessary to meet the receiver’s remuneration and expenses. (3) The court may by order confer on the receiver power to enter any premises in Northern Ireland and to do any of the following— (a) search for or inspect anything authorised by the court; (b) make or obtain a copy, photograph or other record of anything so authorised; (c) remove anything which the receiver is required or authorised to take possession of in pursuance of an order of the court. (4) The court may by order authorise the receiver to do any of the following for the purpose of the exercise of his functions— (a) hold property; (b) enter into contracts; (c) sue and be sued; (d) employ agents; (e) execute powers of attorney, deeds or other instruments; (f) take any other steps the court thinks appropriate. (5) The court may order any person who has possession of realisable property to which the restraint order applies to give possession of it to the receiver. (6) The court— (a) may order a person holding an interest in realisable property to which the restraint order applies to make to the receiver such payment as the court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift; (b) may (on the payment being made) by order transfer, grant or extinguish any interest in the property. (7) Subsections (2), (5) and (6) do not apply to property for the time being subject to a charge under any of these provisions— (a) section 9 of the Drug Trafficking Offences Act 1986 (c. 32); (b) section 78 of the Criminal Justice Act 1988 (c. 33); (c) Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17)); (d) section 27 of the Drug Trafficking Act 1994 (c. 37); (e) Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)). (8) The court must not— (a) confer the power mentioned in subsection (2)(b) or (d) in respect of property, or (b) exercise the power conferred on it by subsection (6) in respect of property, unless it gives persons holding interests in the property a reasonable opportunity to make representations to it. (8A) Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which— (a) is perishable; or (b) ought to be disposed of before its value diminishes. (9) The court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies. (10) Managing or otherwise dealing with property includes— (a) selling the property or any part of it or interest in it; (b) carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property; (c) incurring capital expenditure in respect of the property.

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198 Appointment

(1) This section applies if— (a) a confiscation order is made, (b) it is not satisfied, and (c) it is not subject to appeal. (2) On the application of the prosecutor the Crown Court may by order appoint a receiver in respect of realisable property.

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199 Powers

(1) If the court appoints a receiver under section 198 it may act under this section on the application of the prosecutor. (2) The court may by order confer on the receiver the following powers in relation to the realisable property— (a) power to take possession of the property; (b) power to manage or otherwise deal with the property; (c) power to realise the property, in such manner as the court may specify; (d) power to start, carry on or defend any legal proceedings in respect of the property. (e) so far as the property consists of cryptoassets, power to destroy the property. (3) The court may by order confer on the receiver power to enter any premises in Northern Ireland and to do any of the following— (a) search for or inspect anything authorised by the court; (b) make or obtain a copy, photograph or other record of anything so authorised; (c) remove anything which the receiver is required or authorised to take possession of in pursuance of an order of the court. (4) The court may by order authorise the receiver to do any of the following for the purpose of the exercise of his functions— (a) hold property; (b) enter into contracts; (c) sue and be sued; (d) employ agents; (e) execute powers of attorney, deeds or other instruments; (f) take any other steps the court thinks appropriate. (5) The court may order any person who has possession of realisable property to give possession of it to the receiver. (6) The court— (a) may order a person holding an interest in realisable property to make to the receiver such payment as the court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift; (b) may (on the payment being made) by order transfer, grant or extinguish any interest in the property. (7) Subsections (2), (5) and (6) do not apply to property for the time being subject to a charge under any of these provisions— (a) section 9 of the Drug Trafficking Offences Act 1986 (c. 32); (b) section 78 of the Criminal Justice Act 1988 (c. 33); (c) Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17)); (d) section 27 of the Drug Trafficking Act 1994 (c. 37); (e) Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)). (8) The court must not— (a) confer the power mentioned in subsection (2)(b) , (c) or (e) in respect of property, or (b) exercise the power conferred on it by subsection (6) in respect of property, unless it gives persons holding interests in the property a reasonable opportunity to make representations to it. (8A) Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which— (a) is perishable; or (b) ought to be disposed of before its value diminishes. (8B) Representations that a person is entitled to make by virtue of subsection (8) do not include representations that are inconsistent with a determination made under section 160A, unless— (a) the person was not given a reasonable opportunity to make representations when the determination was made and has not appealed against the determination, or (b) it appears to the court that there would be a serious risk of injustice to the person if the court was bound by the determination; and the determination does not bind the court if paragraph (a) or (b) applies. (9) The court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies. (9A) The court may confer the power mentioned in subsection (2)(e) only where— (a) it is not reasonably practicable to realise the cryptoassets in question, or (b) there are reasonable grounds to believe that the realisation of the cryptoassets would be contrary to the public interest, having regard in particular to how likely it is that the entry of the cryptoassets into general circulation would facilitate criminal conduct by any person. (9B) An order conferring that power— (a) must set out the court’s assessment of the market value of the cryptoassets to which it relates; (b) may confer power to destroy the cryptoassets only to the extent that their market value, as set out in the order, is less than or equal to the amount remaining to be paid under the confiscation order. (9C) If the receiver destroys any cryptoassets in the exercise of that power, the defendant is to be treated as having paid, towards satisfaction of the confiscation order, an amount equal to the market value, as set out in the order, of the cryptoassets which have been destroyed. (10) Managing or otherwise dealing with property includes— (a) selling the property or any part of it or interest in it; (b) carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property; (c) incurring capital expenditure in respect of the property.

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200 Appointment

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201 Powers

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