Part 2Confiscation: England and Wales

F1Search and seizure powers

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.

F2(5)

Exempt property seized under section 47C(5A) may be detained under subsections (2) and (3) only with the approval of a senior officer.

(6)

In subsection (5)—

“exempt property” has the meaning given in section 47C(4) (reading references there to the defendant as references to the person by whom the property is held);

“senior officer” has the meaning given in section 47G(3) (and for this purpose, the powers under subsections (2) and (3) to detain property are to be treated as exercised by the appropriate officer who seized the property).