The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024

6 Search and seizure powers

(1) In article 17A(2) (conditions for exercise of powers), omit sub-paragraph (b). (2) In article 17B (power to seize property)— (a) in paragraph (2), after “not” insert “under paragraph (1)”; (b) after paragraph (4), insert— (4A) On being satisfied as mentioned in article 17A(1) an appropriate officer may seize any free property if the officer has reasonable grounds for suspecting that it is a cryptoasset-related item. (4B) 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 paragraph (1) of any cryptoasset. (4C) The circumstances in which a cryptoasset is “seized” for the purposes of paragraph (1) include circumstances in which it is transferred into a crypto wallet controlled by the appropriate officer. (4D) 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 paragraph (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. (4E) But paragraph (4D) 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. (4F) Where an appropriate officer has seized a cryptoasset-related item under paragraph (4A), 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 paragraph (1) of any cryptoassets. . (3) In article 17J (further detention pending variation of restraint order), after paragraph (3), insert— (4) Exempt property seized under article 17B(4A) may be detained under paragraphs (2) and (3) only with the approval of a senior officer. (5) In paragraph (4)— “exempt property” has the meaning given in article 17B(3) (reading references there to the defendant as references to the person by whom the property is held); “senior officer” has the meaning given in article 17F(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). . (4) In article 17K (release of property)— (a) in paragraph (3)(b), at the end insert “or (4A)”; (b) after paragraph (5), insert— (6) If a cryptoasset-related item, as defined by article 17B(4B), 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 paragraph (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 paragraph (7)(b) has the meaning given in article 17F(3). (9) Any proceeds of a disposal of the item are to be paid into the Consolidated Fund. .