Part 4Confiscation: Northern Ireland
F1Search and seizure powers
195MFurther detention in other cases
(1)
This section applies if—
(a)
property is detained under section 195J,
(b)
no restraint order is in force in respect of the property, and
(c)
no application has been made for a restraint order which includes provision under section 190A authorising detention of the property.
(2)
A magistrates' court may by order extend the period for which the property or any part of it may be detained under section 195J if satisfied that—
(a)
any of the conditions in section 195B is met (reading references in that section to the officer as references to the court),
(b)
the property or part is realisable property other than exempt property (within the meaning of section 195C(4)), and
(c)
there are reasonable grounds for suspecting that—
(i)
the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the defendant, or
(ii)
the value of the property may otherwise be diminished as a result of conduct by the defendant or any other person.
(3)
An application for an order may be made by—
(a)
the Commissioners for Her Majesty's Revenue and Customs,
F2(aa)
an immigration officer;
(b)
a constable,
(c)
an accredited financial investigator, or
(d)
the prosecutor.
(4)
If the property was seized in reliance on the first or second condition in section 195B, “the prosecutor” means a person who is to have conduct of any proceedings for the offence.
(5)
An order under this section must provide for notice to be given to persons affected by it.
(6)
In this section “part” includes portion.