Criminal Justice and Police Act 2001

64 Meaning of “appropriate judicial authority” U.K.

(1) Subject to subsection (2), in this Part “appropriate judicial authority” means—

(a) in relation to England and Wales and Northern Ireland, a judge of the Crown Court;

(b) in relation to Scotland, a sheriff.

(2) In this Part “appropriate judicial authority”, in relation to the seizure of items under any power mentioned in subsection (3) and in relation to items seized under any such power, means—

(a) in relation to England and Wales and Northern Ireland, the High Court;

(b) in relation to Scotland, the Court of Session.

(3) Those powers are—

(a) the powers of seizure conferred by—

(i) section 448(3) of the Companies Act 1985 (c. 6);

(ii) Article 441(3) of the Companies (Northern Ireland) Order 1986 (S.I. 1986 1032 (N.I. 6)); and

(iii) section 28(2) of the Competition Act 1998; F1 . . .

[F2 (aa) the power of seizure conferred by section 352(4) of the Proceeds of Crime Act 2002, if the power is exercisable for the purposes of a civil recovery investigation [F3 or a detained cash investigation] (within the meaning of Part 8 of that Act);]

(b) any power of seizure conferred by section 50, so far as that power is exercisable by reference to any power mentioned in paragraph (a).

Textual Amendments

F1 Word in s. 64(3) omitted (24.2.2003) by virtue of Proceeds of Crime Act 2002 (c. 29), ss. 456, 457, 458, Sch. 11 para. 40(4) and by {Sch. 12} of the said Proceeds of Crime Act 2002 the same word is repealed (24.3.2003); S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14)) and S.I. 2003/333, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-13 (as amended by S.I. 2003/531, arts. 3, 4))

F2 S. 64(3)(aa) inserted (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456, 458(1)(3), Sch. 11 para. 40(4); S.I. 2003/120, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333, art. 14))

F3 Words in s. 64(3)(aa) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 77, 94(1), Sch. 10 para. 27; S.I. 2008/755, art. 17(1)(d)(iv)

Commencement Information

I1 S. 64 wholly in force at 1.6.2004; s. 64 not in force at Royal Assent, see s. 138(2); s. 64(1) in force for certain purposes at 1.4.2003 by S.I. 2003/708, art. 2(b); s. 64 in force in so far as not already in force at 1.6.2004 by S.I. 2004/1376, art. 2(a)