Application of section 21 of PACE4

1

Section 21 of PACE (access and copying)6 applies to powers of seizure under search and seizure warrants issued for the purposes of a confiscation investigation, a money laundering investigation or a detained cash investigation, with the modifications made by this article.

2

In subsection (1), for the words from the beginning to “after this Act” substitute “An appropriate person (within the meaning of Part 8 of the Proceeds of Crime Act 2002) who seizes anything under a search and seizure warrant issued under section 352 of the Proceeds of Crime Act 2002 for the purposes of a confiscation investigation, money laundering investigation or detained cash investigation”.

3

In subsection (2), for “officer” substitute “appropriate person”.

4

In subsection (3)—

a

in paragraph (a), for “a constable” substitute “an appropriate person”;

b

in paragraph (b), for “police for the purpose of investigating an offence” substitute “appropriate person or an appropriate officer (within the meaning of Part 8 of the Proceeds of Crime Act 2002)”;

c

insert “appropriate” before “officer” the first time that word appears; and

d

for “a constable” where it appears at the end of the subsection, substitute “an appropriate officer”.

5

In subsection (4)—

a

insert “appropriate” before “officer” the first time that word appears; and

b

in paragraph (a) for “a constable” substitute “an appropriate officer”.

6

In subsection (5) for “a constable” substitute “an appropriate person”.

7

In subsection (8)—

a

before “officer” insert “appropriate”;

b

for paragraph (b) substitute—

b

the investigating of an offence; or

c

in paragraph (c) after “proceedings” insert “(including proceedings related to the making of a confiscation order) ”.

8

In subsection (9) for “a constable” substitute “an appropriate person” both times it appears.