The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984) Order 2015

Application of section 21 of PACE

4.—(1) Section 21 of PACE (access and copying)(1) applies to powers of seizure under search and seizure warrants issued for the purposes of a confiscation investigation, a money laundering investigation or a detained cash investigation, with the modifications made by this article.

(2) In subsection (1), for the words from the beginning to “after this Act” substitute “An appropriate person (within the meaning of Part 8 of the Proceeds of Crime Act 2002) who seizes anything under a search and seizure warrant issued under section 352 of the Proceeds of Crime Act 2002 for the purposes of a confiscation investigation, money laundering investigation or detained cash investigation”.

(3) In subsection (2), for “officer” substitute “appropriate person”.

(4) In subsection (3)—

(a) in paragraph (a), for “a constable” substitute “an appropriate person”;

(b) in paragraph (b), for “police for the purpose of investigating an offence” substitute “appropriate person or an appropriate officer (within the meaning of Part 8 of the Proceeds of Crime Act 2002)”;

(c) insert “appropriate” before “officer” the first time that word appears; and

(d) for “a constable” where it appears at the end of the subsection, substitute “an appropriate officer”.

(5) In subsection (4)—

(a) insert “appropriate” before “officer” the first time that word appears; and

(b) in paragraph (a) for “a constable” substitute “an appropriate officer”.

(6) In subsection (5) for “a constable” substitute “an appropriate person”.

(7) In subsection (8)—

(a) before “officer” insert “appropriate”;

(b) for paragraph (b) substitute—

“(b) the investigating of an offence; or”;

(c) in paragraph (c) after “proceedings” insert “(including proceedings related to the making of a confiscation order) ”.

(8) In subsection (9) for “a constable” substitute “an appropriate person” both times it appears.

(1)

Section 21 is amended by paragraph 3 of Schedule 1 to the Criminal Justice Act 2003.