The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 2003

Application of section 21 of the Police and Criminal Evidence Act 1984

4.—(1) Section 21 of the Police and Criminal Evidence Act 1984 (access and copying) applies to powers of seizure under search and seizure warrants sought for the purposes of a confiscation investigation or a money laundering investigation, with the modifications in paragraph (2).

(2) The modifications are that—

(a) in subsection (1), for “A constable”, there is substituted, “An appropriate person (within the meaning of Part 8 of the Proceeds of Crime Act 2002)”;

(b) in subsection (1), for “in the exercise of a power conferred by any enactment, including an enactment contained in an Act passed after this Act,”, there is substituted “under a search and seizure warrant issued under section 352 of the Proceeds of Crime Act 2002 for the purposes of a confiscation investigation or a money laundering investigation”;

(c) in subsection (2), for “officer”, there is substituted “appropriate person”;

(d) in subsection (3), for “a constable” where first occurring, there is substituted, “an appropriate person”;

(e) in subsection (3)(b), for “the police”, there is substituted “the appropriate person or an appropriate officer (within the meaning of Part 8 of the Proceeds of Crime Act 2002)”;

(f) in subsection (3)(b), the words “for the purpose of investigating an offence” are omitted;

(g) in subsection (3), before “officer in charge of the investigation”, there is inserted “appropriate”;

(h) in subsection (3), for “a constable” in the second place where it occurs, there is substituted “an appropriate officer”;

(i) in subsection (4), before “officer in charge of the investigation”, there is inserted “appropriate”;

(j) in subsection (4)(a), for “a constable”, there is substituted “an appropriate officer”;

(k) in subsection (5), for “A constable”, there is substituted “An appropriate person”;

(l) in subsection (8), before “officer in charge of the investigation”, there is inserted “appropriate”;

(m) in subsection (8)(b), the words “other than the offence for the purposes of investigating which the thing was seized” are omitted;

(n) in subsection (8)(c), after “criminal proceedings”, there is inserted “(including proceedings related to the making of a confiscation order)”.