41ARestraint orders: power to retain seized property etc.

1

A restraint order may include provision authorising the detention of any property to which it applies if the property—

a

is seized by an appropriate officer under a relevant seizure power, or

b

is produced to an appropriate officer in compliance with a production order under section 345.

2

Provision under subsection (1) may, in particular—

a

relate to specified property, to property of a specified description or to all property to which the restraint order applies;

b

relate to property that has already been seized or produced or to property that may be seized or produced in future.

3

“Appropriate officer” means—

a

an accredited financial investigator;

b

a constable;

c

an officer of Revenue and Customs;

d

a member of staff of SOCA;

e

a member of staff of the relevant director (within the meaning of section 352(5A)).

4

“Relevant seizure power” means a power to seize property which is conferred by or by virtue of—

a

section 47C,

b

section 352, or

c

Part 2 or 3 of the Police and Criminal Evidence Act 1984 (including as applied by order under section 114(2) of that Act).

5

The Secretary of State may by order amend the definition of “relevant seizure power”.

44ADetention of property pending appeal

1

This section applies where—

a

a restraint order includes provision under section 41A authorising the detention of property, and

b

the restraint order is discharged under section 42(5) or 43(3)(b).

2

This section also applies where—

a

a restraint order includes provision under section 41A authorising the detention of property, and

b

the restraint order is varied under section 42(5) or 43(3)(b) so as to omit any such provision.

3

The property may be detained until there is no further possibility of an appeal against—

a

the decision to discharge or vary the restraint order, or

b

any decision made on an appeal against that decision.