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 article 17 of the Police and Criminal Evidence (Northern Ireland) Order 1989

6.—(1) Article 17 of the Police and Criminal Evidence (Northern Ireland) Order 1989(1) (search warrants—safeguards) applies to 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) for paragraph (1), there is substituted—

“(1) This article and article 18 have effect in relation to the issue to an appropriate officer (within the meaning of Part 8 of the Proceeds of Crime Act 2002) of a search and seizure warrant under section 352 of the Proceeds of Crime Act 2002 for the purposes of a confiscation investigation or a money laundering investigation and an entry on or search of premises under such a warrant is unlawful unless the warrant complies with this article and is executed in accordance with article 18.”;

(b) in paragraph (2), for “a constable”, there is substituted “an appropriate officer”;

(c) in paragraph (2), sub-paragraph (b) is omitted;

(d) in paragraph (2), sub-paragraph (c) is omitted;

(e) in paragraph (3), the words “supported by a complaint in writing and” are omitted;

(f) in paragraph (4), for “constable”, there is substituted “appropriate officer”;

(g) in paragraph (4), the words “justice of the peace or” are omitted;

(h) in paragraph (6), for sub-paragraph (iii) of sub-paragraph (a), there is substituted—

“(iii) the statutory power under which it is issued and, unless the judge orders otherwise, an indication of the nature of the investigation in respect of which it is issued; and”;

(i) in paragraph (6), at the beginning of sub-paragraph (b), there is inserted “in the case of a warrant which is issued because the judge is satisfied that the requirement in section 352(6)(a) of the Proceeds of Crime Act 2002 is satisfied (production order made and not complied with),”;

(j) in paragraph (6)(b), for “articles or persons”, there is substituted “material”;

(k) in paragraph (8), the words “justice of the peace or” are omitted.

(1)

S.I. 1989/1341 (N.I. 12).