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

Retention

22.—(1) Subject to subsection (4) below, anything which has been seized by an appropriate person (within the meaning of Part 8 of the Proceeds of Crime Act 2002) or taken away by an appropriate person 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 may be retained by the appropriate person or an appropriate officer (within the meaning of Part 8 of the Proceeds of Crime Act 2002) so long as is necessary in all the circumstances.

(2) Without prejudice to the generality of subsection (1) above—

(a) anything seized for the purposes of a confiscation investigation or money laundering investigation may be retained, except as provided by subsection (4) below,—

(i) for use as evidence at a trial for an offence;

(ii) for forensic examination or for investigation in connection with an offence;

(iii) for use as evidence in proceedings relating to the making of a confiscation order under the Drug Trafficking Offences Act 1986, Part VI of the Criminal Justice Act 1988, Part I of the Drug Trafficking Act 1994 or Part 2 of the Proceeds of Crime Act 2002; or

(iv) for forensic examination or for investigation in connection with a confiscation investigation or money laundering investigation; and

(b) anything may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.

(4) Nothing may be retained for either of the purposes mentioned in subsection (2)(a) above if a photograph or copy would be sufficient for that purpose.