- Latest available (Revised)
- Original (As enacted)
Proceeds of Crime Act 2002, Section 47M is up to date with all changes known to be in force on or before 26 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)This section applies if—
(a)property is detained under section 47J,
(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 41A 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 47J if satisfied that—
(a)any of the conditions in section 47B 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 F2..., 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.
[F3(2A)A magistrates’ court may by order extend the period for which the property may be detained under section 47J if satisfied that—
(a)any of the conditions in section 47B 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 47C(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 47H(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,
[F4(aa)an immigration officer;]
(b)a constable,
[F5(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 47B, “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—
[F6“exempt property” has the meaning given in section 47C(4) (reading references there to the defendant as references to the person by whom the property is held);]
“part” includes portion.]
Textual Amendments
F1Ss. 47A-47S and cross-heading inserted (22.11.2014 for the insertion of ss. 47A, 47G, 47S(1)-(5) for specified purposes, 1.6.2015 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 55(2), 116(1); S.I. 2014/3101, art. 3; S.I. 2015/983, art. 2(2)(a)
F2Words in s. 47M(2)(b) omitted (26.10.2023 for specified purposes, 26.4.2024 in so far as not already in force) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 8 para. 7(2); S.I. 2024/269, reg. 4(a)
F3S. 47M(2A)-(2D) inserted (26.10.2023 for specified purposes, 26.4.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 8 para. 7(3); S.I. 2024/269, reg. 4(a)
F4S. 47M(3)(aa) inserted (22.11.2014) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 18 (with Sch. 21 para. 40); S.I. 2014/3098, art. 2(e)
F5S. 47M(3)(ba) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 5; S.I. 2018/78, reg. 3(aa)
F6Words in s. 47M(6) inserted (26.10.2023 for specified purposes, 26.4.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 8 para. 7(4); S.I. 2024/269, reg. 4(a)
Modifications etc. (not altering text)
C1S. 47M(3)(c) modified (1.4.2018) by The Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) Order 2018 (S.I. 2018/196), arts. 1(2), 3, Sch. para. 2
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: