Date-stamp loading
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 26 April 2024 - onwards
  Version 3 of 3    

47K. Further detention pending making of restraint order

(1) This section applies if -

(a) property is detained under section 47J, and

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

(2) If within the period mentioned in section 47J an application is made for a restraint order which includes provision under section 41A 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 -

(a) the decision to refuse the application, or

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

(4) In subsection (2) the reference to the period mentioned in section 47J includes that period as extended by any order under section 47M.

(5) Exempt property seized under section 47C(5A) may be detained under subsections (2) and (3) only with the approval of a senior officer.

(6) In subsection (5) -

"exempt

Comparing proposed amendment...