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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 18 June 2009 - onwards
Version 3 of 3

76. Use of search warrants etc. for detained cash investigations

(1) In section 352(2) of the Proceeds of Crime Act 2002 (c. 29) (investigations in respect of which a search and seizure warrant may be issued), in paragraph (b), after "a civil recovery investigation" insert "or a detained cash investigation".

(2) In section 353(2) of that Act (reasonable suspicion grounds for warrant where no production order), after paragraph (b), insert -

"(ba) in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, or a part of it, is recoverable property;

(bb) in the case of a detained cash investigation into the intended use of cash, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;".

(3) After section 353(7) of that Act (types of material in respect of which warrant may be issued where no production order) insert -

"(7A) In the case of a detained cash investigation into the derivation of cash, material falls within this subsection if it cannot be identified at the time of the application but it -