Crime and Courts Act 2013

Search and seizure warrants: England and Wales [F1 and Northern Ireland] U.K.

Textual Amendments

F1 Words in Sch. 19 para. 6 heading inserted (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 9

6 U.K. In section 352 (search and seizure warrants), in subsection (2)(a), after “confiscation investigation” insert “ , a civil recovery investigation ”.

Extent Information

E1 Sch. 19 paras. 2-13 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 7(b)

Commencement Information

I1 Sch. 19 para. 6 in force at 1.6.2015 for E.W.S. (except for the words “and Northern Ireland” in the preceding heading) by S.I. 2015/964, art. 2(d) (with art. 3)

I2 Sch. 19 para. 6 in force at 1.2.2017 in so far as not already in force by S.I. 2017/4, art. 2 (with art. 3)

7 (1) Section 353 (requirements where production order not available) is amended as follows. U.K.

(2) In subsection (2), for paragraph (b) substitute—

“(b) in the case of a civil recovery investigation—

(i) the person specified in the application for the warrant holds recoverable property or associated property,

(ii) that person has, at any time, held property that was recoverable property or associated property at the time, or

(iii) the property specified in the application for the warrant is recoverable property or associated property;”.

(3) In subsection (7), for paragraph (a) substitute—

“(a) relates to the person or property specified in the application or to any of the questions listed in subsection (7ZA), and”.

(4) After that subsection insert—

“(7ZA) Those questions are—

(a) where a person is specified in the application, any question as to—

(i) what property the person holds or has held,

(ii) whether the property is or has been recoverable property or associated property, or

(iii) the nature, extent or whereabouts of the property, and

(b) where property is specified in the application, any question as to—

(i) whether the property is or has been recoverable property or associated property,

(ii) who holds it or has held it,

(iii) whether a person who appears to hold or to have held it holds or has held other property,

(iv) whether the other property is or has been recoverable property or associated property, or

(v) the nature, extent or whereabouts of the specified property or the other property.”

Extent Information

E1 Sch. 19 paras. 2-13 extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 7(b)

Commencement Information

I3 Sch. 19 para. 7 in force at 1.6.2015 for E.W.S. (except for the words “and Northern Ireland” in the preceding heading) by S.I. 2015/964, art. 2(d) (with art. 3)

I4 Sch. 19 para. 7 in force at 1.2.2017 in so far as not already in force by S.I. 2017/4, art. 2 (with art. 3)