Citation, commencement and interpretationI11
1
This Order may be cited as the Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence (Northern Ireland) Order 1989) Order (Northern Ireland) 2016 and shall come into operation on 1st March 2016.
2
In this order, “the 1989 Order” means the Police and Criminal Evidence (Northern Ireland) Order 19894.
Application of Article 17 of the 1989 OrderI22
1
Article 17 of the 1989 Order (search warrants - safeguards) applies to search and seizure warrants sought for the purposes of a confiscation investigation, a money laundering investigation F1, a detained cash investigation, a detained property investigation F15, a frozen funds investigation or a cryptoasset investigation , with the modifications made by this article.
2
For paragraph (1), substitute—
1
This Article and Article 18 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 20025 for the purposes of a confiscation investigation, a money laundering investigation F1, a detained cash investigation, a detained property investigation F15, a frozen funds investigation or a cryptoasset investigation ; and an entry on or search of premises under such a warrant is unlawful unless the warrant complies with this Article and is executed in accordance with Article 18.
3
In paragraph (2)—
a
for “a constable” substitute “an appropriate officer”;
b
at the end of sub-paragraph (a)(i) insert “and”;
F9c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
at the end of sub-paragraph (a)(ii) omit “and”; and
e
omit the rest of the paragraph.
4
Omit paragraph (2A).
5
In paragraph (3) omit the words F10“supported by a complaint in writing and” .
6
In paragraph (4)—
a
for “constable” substitute “appropriate officer”; and
b
omit the words “justice of the peace or”.
7
In paragraph (5) omit the words after “one occasion only”.
8
Omit paragraph (5A).
9
In paragraph (6)—
F11a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
for sub-paragraph (a)(iv) substitute—
iv
the premises to be searched; and
c
in sub-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 paragraph (7) omit the words after “of a warrant”.
F1211
In paragraph (8), omit the words “justice of the peace or”.
Application of Article 18 of the 1989 OrderI63
1
Article 18 of the 1989 Order (execution of warrants) applies to search and seizure warrants sought for the purposes of a confiscation investigation, a money laundering investigation F2, a detained cash investigation, a detained property investigation F16, a frozen funds investigation or a cryptoasset investigation , with the modifications made by this article.
2
Omit paragraph (1).
3
For paragraph (2), substitute—
2
A search and seizure warrant issued under section 352 of the Proceeds of Crime Act 2002 may authorise persons to accompany any appropriate person (within the meaning of Part 8 of that Act) who is executing it.
4
Omit paragraphs (3A) and (3B).
5
For paragraphs (9) to (10A), substitute—
9
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), an appropriate person executing a warrant shall make an endorsement on it stating—
a
whether the material sought was found; and
b
whether any material was seized, other than material which was sought.
10
A warrant which—
a
has been executed; or
b
has not been executed, upon the expiry of the period of three months referred to in paragraph (3) or sooner,
must be returned to the appropriate officer of the court from which it was issued.
F136
In paragraph (11), after “its return”, insert the words “by the appropriate officer of the court”
.
7
For “the constable” wherever those words appear, substitute “the appropriate person”.
8
For “a constable” wherever those words appear, substitute “an appropriate person”.
Application of Article 23 of the 1989 OrderI34
1
Article 23 of the 1989 Order (access and copying) applies to powers of seizure under search and seizure warrants issued for the purposes of a confiscation investigation, a money laundering investigation F3, a detained cash investigation, a detained property investigation F17, a frozen funds investigation or a cryptoasset investigation , with the modifications made by this article.
2
In paragraph (1), for the words from the beginning to “after F14the making of this Order ” 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, a money laundering investigation F4, a detained cash investigation, a detained property investigation F18, a frozen funds investigation or a cryptoasset investigation ”.
3
In paragraph (2), for “constable” substitute “appropriate person”.
4
In paragraph (3)—
a
in sub-paragraph (a), for “a constable” substitute “an appropriate person”;
b
in sub-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 paragraph, substitute “an appropriate officer”.
5
In paragraph (4)—
a
insert “appropriate” before “officer” the first time that word appears; and
b
in sub-paragraph (a) for “a constable” substitute “an appropriate officer”.
6
In paragraph (5) for “a constable” substitute “an appropriate person”.
7
In paragraph (8)—
a
before “officer” insert “appropriate”;
b
for sub-paragraph (b) substitute—
b
the investigating of an offence; or
8
In paragraph (9) for “a constable” substitute “an appropriate person” both times it appears.
Application of Article 24 of the 1989 OrderI45
1
Article 24 of the 1989 Order (retention) applies to powers of seizure under search and seizure warrants issued for the purposes of a confiscation investigation, a money laundering investigation F6, a detained cash investigation, a detained property investigation F21, a frozen funds investigation or a cryptoassest investigation , with the modifications made by this article.
2
For paragraph (1) substitute—
1
Subject to paragraph (4), anything which has been seized by an appropriate person (within the meaning of Part 8 of the Proceeds of Crime Act 2002) or taken away by an appropriate person under a search and seizure warrant issued under section 352 of the Proceeds of Crime Act 2002 for the purposes of a confiscation investigation, a money laundering investigation F7, a detained cash investigation, a detained property investigation F21, a frozen funds investigation or a cryptoassest investigation may be retained by the appropriate person or an appropriate officer (within the meaning of Part 8 of the Proceeds of Crime Act 2002) so long as is necessary in all the circumstances.
3
In paragraph (2)(a)—
a
b
at the end of head (i), omit “or”;
c
at the end of head (ii), omit “and”, and
d
after head (ii) insert—
iii
iv
for use as evidence in proceedings under F20Chapter 2, 3 or any of Chapters 3A to 3F of Part 5 of the Proceeds of Crime Act 2002 (recovery of cash in summary proceedings); or
v
for forensic examination in connection with a confiscation investigation, a money laundering investigation F8, a detained cash investigation, a detained property investigation F21, a frozen funds investigation or a cryptoassest investigation, or for use for the purposes of any such investigation; and
4
Omit paragraphs (3), (5) and (6).
5
In paragraph (4), for “either” substitute “any”.
6
In paragraph (7), for “a constable” substitute “an appropriate person” both times it appears.
Revocation and savingI56
1
Subject to paragraph (2), the Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 20038 (“the 2003 Order”) is revoked, insofar as it extends to Northern Ireland.
2
The 2003 Order continues to apply in relation to—
a
any application for a search and seizure warrant under section 352 of the Proceeds of Crime Act 2002 made before 1st March 2016.
b
any search and seizure warrant issued under section 352 of the Proceeds of Crime Act 2002—
i
which is in existence on the coming into operation of this Order; or
ii
as the result of an application mentioned in paragraph (a);
c
any power of seizure under a search and seizure warrant mentioned in paragraph (b); and
d
any proceedings arising in relation to—
i
an application mentioned in paragraph (a);
ii
a search and seizure warrant mentioned in paragraph (b); or
iii
a power of seizure mentioned in paragraph (c).
3
The proceedings mentioned in paragraph (2)(d) are not to be regarded as concluded until there is no further possibility of any appeal in relation to those proceedings.
Sealed with the Official Seal of the Department of Justice on 5th February 2016
David FordMinister of Justice