Search Legislation

Policing and Crime Act 2009

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 53

 Help about opening options

No versions valid at: 21/01/2011

Alternative versions:

Status:

Point in time view as at 21/01/2011. This version of this provision is not valid for this point in time. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Policing and Crime Act 2009, Section 53. Help about Changes to Legislation

Valid from 01/06/2015

53Power to retain seized property: ScotlandU.K.

This section has no associated Explanatory Notes

(1)The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

(2)After section 120 insert—

120ARestraint 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 380.

(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)a constable;

(b)an officer of Revenue and Customs;

(c)a member of staff of SOCA.

(4)Relevant seizure power” means a power to seize property conferred by or by virtue of—

(a)section 127C or 387,

(b)a warrant granted under any other enactment or any rule of law, or

(c)any other enactment, or any rule of law, under which the authority of a warrant is not required.

(3)After section 122 insert—

122ADetention of property pending appeal

(1)This section applies where—

(a)a restraint order includes provision under section 120A authorising the detention of property, and

(b)the restraint order is recalled under section 121(7).

(2)This section also applies where—

(a)a restraint order includes provision under section 120A authorising the detention of property, and

(b)the restraint order is varied under section 121(7) so as to omit any such provision.

(3)The property may be detained until there is no further possibility of an appeal against (or review of)—

(a)the decision to recall or vary the restraint order, or

(b)any decision made on an appeal against (or review of) that decision.

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?