C2C1C3C5C4C6C7Part 2Confiscation: England and Wales

Annotations:

F1Search and seizure powers

Annotations:
Amendments (Textual)
F1

Ss. 47A-47S and cross-heading inserted (22.11.2014 for the insertion of ss. 47A, 47G, 47S(1)-(5) for specified purposes, 1.6.2015 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 55(2), 116(1); S.I. 2014/3101, art. 3; S.I. 2015/983, art. 2(2)(a)

47KFurther detention pending making of restraint order

1

This section applies if—

a

property is detained under section 47J, and

b

no restraint order is in force in respect of the property.

2

If within the period mentioned in section 47J an application is made for a restraint order which includes provision under section 41A 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.

4

In subsection (2) the reference to the period mentioned in section 47J includes that period as extended by any order under section 47M.