C8C7C6C3C5C1C2C4Part 4Confiscation: Northern Ireland

Annotations:
Modifications etc. (not altering text)
C7

Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)

Restraint orders

190AF2Restraint orders: power to retain seized property

1

A restraint order may include provision authorising the detention of any property to which it applies if the property—

a

is seized by an appropriate officer under a relevant seizure power, or

b

is produced to an appropriate officer in compliance with a production order under section 345.

2

Provision under subsection (1) may, in particular—

a

relate to specified property, to property of a specified description or to all property to which the restraint order applies;

b

relate to property that has already been seized or produced or to property that may be seized or produced in future.

3

“Appropriate officer” means—

a

an accredited financial investigator;

b

a constable;

c

an officer of Revenue and Customs;

F3ca

an immigration officer;

F1d

a National Crime Agency officer;

e

a member of staff of the relevant director (within the meaning of section 352(5A)).

4

“Relevant seizure power” means a power to seize property conferred by or by virtue of—

a

section 195C,

b

section 352, or

c

Part 3 or 4 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (including as applied by order under Article 85(1) of that Order).

5

The Secretary of State may by order amend the definition of “relevant seizure power”.