Date-stamp loading
Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Version date: 26 October 2023 - onwards
  Version 2 of 2    

127K. Further detention pending making of restraint order

(1) This section applies if -

(a) property is detained under section 127J, and

(b) no restraint order is in force in respect of the property.

(2) If within the period mentioned in section 127J an application is made for a restraint order which includes provision under section 120A authorising detention of the property, the property may be detained until the application is determined or otherwise disposed of.

(3) If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against (or review of) -

(a) the decision to refuse the application, or

(b) any decision made on an appeal against (or review of) that decision.

(4) In subsection (2) the reference to the period mentioned in section 127J includes that period as extended by any order under section 127M.

(5) Exempt property seized under section 127C(5A) may be detained under subsections (2) and (3) only with the approval of a senior offi

Comparing proposed amendment...