Part 4Confiscation: Northern Ireland

F1Search and seizure powers

195RRelease of property

(1)

This section applies in relation to property which—

(a)

has been seized by an appropriate officer under section 195C, and

(b)

is detained under or by virtue of any of sections 195J to 195M and 195P.

(2)

The property must be released if at any time an appropriate officer decides that the detention condition is no longer met.

(3)

The detention condition is met for so long as—

(a)

any of the conditions in section 195B is met, and

(b)

there are reasonable grounds for the suspicion mentioned in section 195C(1) F2or (5A).

(4)

Nothing in this section requires property to be released if there is a power to detain it otherwise than under or by virtue of sections 195J to 195M and 195P.

(5)

Nothing in this section affects the operation of any power or duty to release property that arises apart from this section.

F3(6)

If a cryptoasset-related item which has been released is not claimed within the period of a year beginning with the date on which it was released, the appropriate officer may—

(a)

retain the item and deal with it as they see fit,

(b)

dispose of the item, or

(c)

destroy the item.

(7)

The powers in subsection (6) may be exercised only—

(a)

where the appropriate officer has taken reasonable steps to notify—

(i)

the person from whom the item was seized, and

(ii)

any other persons who the appropriate officer has reasonable grounds to believe have an interest in the item,

that the item has been released, and

(b)

with the approval of a senior officer.

(8)

“Senior officer” in subsection (7)(b) has the meaning given in section 195G(3).

(9)

Any proceeds of a disposal of the item are to be paid into the Consolidated Fund.