Proceeds of Crime Act 2002

[F1 120A Restraint orders: power to retain seized property etc. S

(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 380.

(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) a constable;

(b) an officer of Revenue and Customs;

[F2 (ba) an immigration officer;]

[F3 (c) a National Crime Agency officer;]

(4) “Relevant seizure power” means a power to seize property conferred by or by virtue of—

(a) section 127C or 387,

(b) a warrant granted under any other enactment or any rule of law, or

(c) any other enactment, or any rule of law, under which the authority of a warrant is not required.]

Textual Amendments

F1 S. 120A inserted (1.6.2015) by Policing and Crime Act 2009 (c. 26), ss. 53(2), 116(1); S.I. 2015/983, art. 2(2)(a)

F2 S. 120A(3)(ba) inserted (22.11.2014) by Crime and Courts Act 2013 (c. 22), Sch. 21 para. 20 (with Sch. 21 para. 40); S.I. 2014/3098, art. 2(e)

F3 S. 120A(3)(c) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 115; S.I. 2013/1682, art. 3(v)