Criminal Justice Act 1988

99 Authorisation of delay in notifying arrest etc. E+W

(1) The M1 Police and Criminal Evidence Act 1984 shall be amended as follows.

(2) In section 56(5A) (which authorises delay in notifying arrest for a drug trafficking offence)—

(a) after the word “offence", in the second place where it occurs, there shall be inserted the words “or an offence to which Part VI of the Criminal Justice Act 1988 applies (offences in respect of which confiscation orders under that Part may be made)"; and

(b) the following paragraphs shall be substituted for paragraphs (a) and (b)—

“(a) where the offence is a drug trafficking offence, that the detained person has benefited from drug trafficking and that the recovery of the value of that person’s proceeds of drug trafficking will be hindered by telling the named person of the arrest; and

(b) where the offence is one to which Part VI of the Criminal Justice Act 1988 applies, that the detained person has benefited from the offence and that the recovery of the value of the property obtained by that person from or in connection with the offence or of the pecuniary advantage derived by him from or in connection with it will be hindered by telling the named person of the arrest.”

(3) In section 58(8A) (which authorises delay in access to legal advice on arrest for a drug trafficking offence)—

(a) after the word “offence", in the second place where it occurs, there shall be inserted the words “or an offence to which Part VI of the Criminal Justice Act 1988 applies"; and

(b) the following paragraphs shall be substituted for paragraphs (a) and (b)—

“(a) where the offence is a drug trafficking offence, that the detained person has benefited from drug trafficking and that the recovery of the value of that person’s proceeds of drug trafficking will be hindered by the exercise of the right conferred by subsection (1) above; and

(b) where the offence is one to which Part VI of the Criminal Justice Act 1988 applies, that the detained person has benefited from the offence and that the recovery of the value of the property obtained by that person from or in connection with the offence or of the pecuniary advantage derived by him from or in connection with it will be hindered by the exercise of the right conferred by subsection (1) above.”

(4) Without prejudice to section 20(2) of the M2 Interpretation Act 1978, the M3 Police and Criminal Evidence Act 1984 (Application to Customs and Excise) Order 1985 shall apply to sections 56 and 58 of the M4 Police and Criminal Evidence Act 1984 as those sections have effect by virtue of this section.

Marginal Citations

M1 1984 c. 60.

M2 1978 c. 30.

M3 S.I. 1985/1800.

M4 1984 c. 60.