C1C2C3C5C4Part 4Confiscation: Northern Ireland

Annotations:

F1Search and seizure powers

Annotations:
Amendments (Textual)
F1

Ss. 195A-195T and cross-headings inserted (22.11.2014 for the insertion of ss. 195S(1)-(5), 195T(1)-(7) for specified purposes, 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 57(2), 116(1) (as amended by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 18(2)(m) (with arts. 24-28); S.I. 2014/3101, art. 3; S.I. 2016/147, art. 3(b))

195LFurther detention pending variation of restraint order

1

This section applies if—

a

property is detained under section 195J,

b

a restraint order is in force in respect of the property, and

c

the order does not include provision under section 190A authorising the detention of the property.

2

If within the period mentioned in section 195J an application is made for the order to be varied so as to include provision under section 190A authorising detention of the property, the property may be detained until the application is determined or otherwise disposed of.

3

If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against—

a

the decision to refuse the application, or

b

any decision made on an appeal against that decision.