Application of section 15 of PACE
This section has no associated Explanatory Memorandum
2.—(1) Section 15 of PACE (search warrants—safeguards)() applies to search and seizure warrants sought for the purposes of a confiscation investigation, a money laundering investigation or a detained cash investigation, with the modifications made by this article.
(2) For subsection (1), substitute—
“(1) This section and section 16 below have effect in relation to the issue to an appropriate officer (within the meaning of Part 8 of the Proceeds of Crime Act 2002 (investigations)) of a search and seizure warrant under section 352 of the Proceeds of Crime Act 2002() for the purposes of a confiscation investigation, a money laundering investigation or a detained cash investigation; and an entry on or search of premises under such a warrant is unlawful unless the warrant complies with this section and is executed in accordance with section 16.”.
(3) In subsection (2)—
(a)for “a constable” substitute “an appropriate officer”;
(b)at the end of paragraph (a)(i) insert “and”;
(c)in paragraph (a)(ii), for “enactment” substitute “statutory power”;
(d)at the end of paragraph (a)(ii) omit “and”; and
(e)omit the rest of the subsection.
(4) Omit subsection (2A).
(5) In subsection (3) omit the words “and supported by an information in writing”.
(6) In subsection (4)—
(a)for “constable” substitute “appropriate officer”; and
(b)omit the words “justice of the peace or”.
(7) In subsection (5) omit the words after “one occasion only”.
(8) Omit subsection (5A).
(9) In subsection (6)—
(a)in paragraph (a)(iii), for “enactment” substitute “statutory power”;
(b)for paragraph (a)(iv) substitute—
“(iv)the premises to be searched; and”;
(c)in paragraph (b)—
(i)at the beginning insert “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), ”;
(ii)for “articles or persons” substitute “material”.
(10) In subsection (7) omit the words after “of a warrant”.