Part 3Other measures to prevent or disrupt serious and other crime
Chapter 2Proceeds of crime
Detained cash investigations: use of production orders and warrants
76Use of search warrants etc. for detained cash investigations
1
In section 352(2) of the Proceeds of Crime Act 2002 (c. 29)
(investigations in respect of which a search and seizure warrant may be issued), in paragraph (b), after “a civil recovery investigation” insert “
or a detained cash investigation
”
.
2
In section 353(2) of that Act (reasonable suspicion grounds for warrant where no production order), after paragraph (b), insert—
ba
in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, or a part of it, is recoverable property;
bb
in the case of a detained cash investigation into the intended use of cash, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;
3
After section 353(7) of that Act (types of material in respect of which warrant may be issued where no production order) insert—
7A
In the case of a detained cash investigation into the derivation of cash, material falls within this subsection if it cannot be identified at the time of the application but it—
a
relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and
b
is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.
7B
In the case of a detained cash investigation into the intended use of cash, material falls within this subsection if it cannot be identified at the time of the application but it—
a
relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and
b
is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.
4
In section 387(3) of that Act (investigations in respect of which a search warrant may be issued in Scotland), in paragraph (b), after “a civil recovery investigation” insert “
or a detained cash investigation
”
.
5
In section 388(2) of that Act (reasonable suspicion grounds for issue of warrant in Scotland where no production order), after paragraph (b), insert—
ba
in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, or a part of it, is recoverable property;
bb
in the case of a detained cash investigation into the intended use of cash, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;
6
After section 388(7) of that Act (types of material in respect of which warrant may be issued in Scotland where no production order) insert—
7A
In the case of a detained cash investigation into the derivation of cash, material falls within this subsection if it cannot be identified at the time of the application but it—
a
relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and
b
is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.
7B
In the case of a detained cash investigation into the intended use of cash, material falls within this subsection if it cannot be identified at the time of the application but it—
a
relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and
b
is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.