Proceeds of Crime Act 2002 (c. 29)

(The document as of February, 2008)

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Crime and Disorder Act 1998 (c. 37)

35 In Schedule 8 to the Crime and Disorder Act 1998 paragraphs 115 and 116 shall cease to have effect.

Access to Justice Act 1999 (c. 22)

36 (1) Schedule 2 to the Access to Justice Act 1999 (services excluded from the Community Legal Service) is amended as follows.

(2) In paragraph 2(2), after paragraph (d) insert " or

(e) under the Proceeds of Crime Act 2002 to the extent specified in paragraph 3, "

and omit the "or" at the end of paragraph (c).

(3) In paragraph 2(3) (magistrates courts), after "2001" insert--

" (l) for an order or direction under section 295, 297, 298, 301 or 302 of the Proceeds of Crime Act 2002, "

and omit the "or" at the end of paragraph (j).

(4) After paragraph 2 insert--

" 3 (1) These are the proceedings under the Proceeds of Crime Act 2002--

(a) an application under section 42(3) to vary or discharge a restraint order or an order under section 41(7);

(b) proceedings which relate to a direction under section 54(3) or 56(3) as to the distribution of funds in the hands of a receiver;

(d) an application under section 63 to vary or discharge an order under any of sections 48 to 53 for the appointment of or conferring powers on a receiver;

(e) an application under section 72 or 73 for the payment of compensation;

(f) proceedings which relate to an order under section 298 for the forfeiture of cash;

(g) an application under section 351(3), 362(3), 369(3) or 375(2) to vary or discharge certain orders made under Part 8.

(2) But sub-paragraph (1) does not authorise the funding of the provision of services to a defendant (within the meaning of Part 1 of that Act) in relation to--

(a) proceedings mentioned in paragraph (b);

(b) an application under section 73 for the payment of compensation if the confiscation order was varied under section 29. "

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

37 (1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

(2) In section 110(5) (minimum sentence for third drug trafficking offence) for the definition of "drug trafficking offence" there is substituted--

" "drug trafficking offence" means an offence which is specified in--

(a) paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences), or

(b) so far as it relates to that paragraph, paragraph 10 of that Schedule. "

(3) In section 133 (review of compensation orders) in subsection (3)(c) after "Criminal Justice Act 1988" insert ", or Part 2 of the Proceeds of Crime Act 2002,".

Financial Services and Markets Act 2000 (c. 8)

38 In Schedule 1 to the Financial Services and Markets Act 2000 (provisions relating to the Financial Services Authority) after paragraph 19 insert--

" 19A For the purposes of this Act anything done by an accredited financial investigator within the meaning of the Proceeds of Crime Act 2002 who is--

(a) a member of the staff of the Authority, or

(b) a person appointed by the Authority under section 97, 167 or 168 to conduct an investigation,

must be treated as done in the exercise or discharge of a function of the Authority. "

Terrorism Act 2000 (c. 11)

39 (1) Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.

(2) In paragraph 8 (authorisation of delay in exercise of detained person's rights) for sub-paragraph (5) substitute--

" (5) An officer may also give an authorisation under sub-paragraph (1) if he has reasonable grounds for believing that--

(a) the detained person has benefited from his criminal conduct, and

(b) the recovery of the value of the property constituting the benefit will be hindered by--

(i) informing the named person of the detained person's detention (in the case of an authorisation under sub-paragraph (1)(a)), or

(ii) the exercise of the right under paragraph 7 (in the case of an authorisation under sub-paragraph (1)(b)).

(5A) For the purposes of sub-paragraph (5) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002. "

(3) In paragraph 17(3) (grounds for authorising delay or requiring presence of senior officer), in paragraph (d) for "Part VI of the Criminal Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act 1995" substitute "Part 2 or 3 of the Proceeds of Crime Act 2002".

(4) For paragraph 17(4) (further grounds for authorising delay in exercise of detained person's rights) substitute--

" (4) This sub-paragraph applies where an officer mentioned in paragraph 16(4) or (7) has reasonable grounds for believing that--

(a) the detained person has benefited from his criminal conduct, and

(b) the recovery of the value of the property constituting the benefit will be hindered by--

(i) informing the named person of the detained person's detention (in the case of an authorisation under paragraph 16(4)), or

(ii) the exercise of the entitlement under paragraph 16(6) (in the case of an authorisation under paragraph 16(7)).

(4A) For the purposes of sub-paragraph (4) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 3 of the Proceeds of Crime Act 2002. "

(5) In paragraph 34 (authorisation for withholding information from detained person) for sub-paragraph (3) substitute--

" (3) A judicial authority may also make an order under sub-paragraph (1) in relation to specified information if satisfied that there are reasonable grounds for believing that--

(a) the detained person has benefited from his criminal conduct, and

(b) the recovery of the value of the property constituting the benefit would be hindered if the information were disclosed.

(3A) For the purposes of sub-paragraph (3) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 or 3 of the Proceeds of Crime Act 2002. "

Criminal Justice and Police Act 2001 (c. 16)

40 (1) The Criminal Justice and Police Act 2001 is amended as follows.

(2) In section 55 (obligation to return excluded and special procedure material) in subsection (5) (powers in relation to which section does not apply as regards special procedure material) omit "and" after paragraph (b), and after paragraph (c) insert-- " and

(d) section 352(4) of the Proceeds of Crime Act 2002, " .

(3) In section 60 (cases where duty to secure seized property arises) in subsection (4) (powers in relation to which duty does not arise as regards special procedure material) omit "or" after paragraph (b), and after paragraph (c) insert-- " or

(d) section 352(4) of the Proceeds of Crime Act 2002, " .

(4) In section 64 (meaning of appropriate judicial authority) in subsection (3) after paragraph (a) omit "and" and insert--

" (aa) the power of seizure conferred by section 352(4) of the Proceeds of Crime Act 2002, if the power is exercisable for the purposes of a civil recovery investigation (within the meaning of Part 8 of that Act); " .

(5) In section 65 (meaning of "legal privilege")--

(a) in subsection (1)(b) for the words "33 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)" substitute "412 of the Proceeds of Crime Act 2002";

(b) after subsection (3) insert--

" (3A) In relation to property which has been seized in exercise, or purported exercise, of--

(a) the power of seizure conferred by section 352(4) of the Proceeds of Crime Act 2002, or

(b) so much of any power of seizure conferred by section 50 as is exercisable by reference to that power,

references in this Part to an item subject to legal privilege shall be read as references to privileged material within the meaning of section 354(2) of that Act. "

(6) In Part 1 of Schedule 1 (powers of seizure to which section 50 applies) at the end add--

" Proceeds of Crime Act 2002 (c. 00)

73A The power of seizure conferred by section 352(4) of the Proceeds of Crime Act 2002 (seizure of material likely to be of substantial value to certain investigations). "

(7) In Part 3 of Schedule 1 (powers of seizure to which section 55 applies) at the end add--

" Proceeds of Crime Act 2002 (c. 00)

110 The power of seizure conferred by section 352(4) of the Proceeds of Crime Act 2002 (seizure of material likely to be of substantial value to certain investigations). "

Section 457

SCHEDULE 12 Repeals and revocations

Short title and chapter	Extent of repeal or revocation
Misuse of Drugs Act 1971 (c. 38)	In section 21 the words "or section 49 of the Drug Trafficking Act 1994". In section 23(3A) the words "or section 49 of the Drug Trafficking Act 1994".
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)	In section 30(3) the word "and" after paragraph (b).
Police and Criminal Evidence Act 1984 (c. 60)	In section 65-- (a) the definitions of "drug trafficking" and "drug trafficking offence"; (b) the words from "references in this Part" to "in accordance with the Drug Trafficking Act 1994".
Criminal Justice Act 1988 (c. 33)	Sections 71 to 102. In section 151(4) the word "and" after paragraph (a). In section 172-- (a) in subsection (2) the words from "section 76(3)" to "extending to Scotland"; (b) in subsection (4) the words from "sections 90" to "section 93E". Schedule 4.
Housing Act 1988 (c. 50)	In Schedule 17, paragraphs 83 and 84.
Extradition Act 1989 (c. 33)	In section 22(4)(h) the word "and" after sub-paragraph (ii).
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))	In Article 53-- (a) the definitions of "drug trafficking" and "drug trafficking offence"; (b) the words from "References in this Part" to "Order 1996".
Criminal Justice (International Co-operation) Act 1990 (c. 5)	In section 13(6) the words "the Drug Trafficking Act 1994 or". Section 14. In Schedule 4, paragraph 1.
Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17))	In Article 37-- (a) paragraph (2); (b) in paragraphs (3) and (4) sub-paragraph (b) and the word "and" before it; (c) paragraph (5).
Criminal Justice Act 1993 (c. 36)	Section 21(3)(e) to (g). Sections 27 to 35. In Schedule 4, paragraph 3. In Schedule 5, paragraph 14.
Criminal Justice and Public Order Act 1994 (c. 33)	In Schedule 9, paragraph 36.
Drug Trafficking Act 1994 (c. 37)	Sections 1 to 54. In sections 55(4)(a) and 56(3)(a) and (4)(a) the words "or has benefited from". In section 59, subsections (1) to (10) and in subsection (11) the words "An order under subsection (1) above, and". In section 60(6), in the definition of "specified offence", in paragraph (a) the words "Part III or" and paragraph (c) and the word "or" immediately preceding it. In section 60(6), the words from "and references to the institution of proceedings" to the end. Section 60(7) and (8). Section 61(2) to (4). Sections 62, 63(1), (2) and (3)(a) and 64. In section 68(2), paragraphs (a) to (c) and in paragraph (g) the words "1, 41, 62" and "64". In section 68(3), paragraph (a) and in paragraph (d) the word "64". In Schedule 1, paragraphs 3, 4(a), 8, 21 and 26.
Proceeds of Crime Act 1995 (c. 11)	Sections 1 to 13. Section 15(1) to (3). Section 16(2), (5) and (6). Schedule 1.
Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)	Part V.
Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)	In Schedule 3, paragraph 4(2). In Schedule 4, paragraphs 69 and 94.
Private International Law (Miscellaneous Provisions) Act 1995 (c. 42)	Section 4(3).
Proceeds of Crime (Scotland) Act 1995 (c. 43)	Part I, except section 2(7). In section 28, subsections (1)(a) and (2) and in subsection (5) the words "(including a restraint order made under and within the meaning of the 1994 Act)". Section 29. In section 31, subsection (2), in subsection (4) the words "or (2)". Sections 35 to 39. In section 40, subsections (1)(a), (2) and (4). In section 42, subsections (1)(a) and (b). In section 43, in subsection (1) the words "confiscation order", subsection (2). Section 45(1)(a). Section 47. In section 49, in subsection (1) the definitions of "the 1988 Act", "the 1994 Act" and "confiscation order" and subsection (4). In Schedule 1, in paragraph 1, in sub-paragraph (1)(b) the words "or a confiscation order", in sub-paragraph (2)(a) the words "subject to paragraph (b) below", sub-paragraph (2)(b), in sub-paragraph (3)(a)(i) the words "or confiscation order". In Schedule 1, in paragraph 2, in sub-paragraph (1)(a) the words ", and if appointed (or empowered) under paragraph 1(1)(b) above where a confiscation order has been made", paragraph 4, in paragraph 5(1) the words "Part I of", in paragraph 8(2) the words from ", unless in a case where a confiscation order has been" to "4(4)(b) above,". In Schedule 1, in paragraph 10(1) the words "or the recipient of a gift caught by Part I of this Act or an implicative gift", paragraphs 10(2) and (3), in paragraph 12(1)(a) the words "paragraph (a) or (b) of section 4(1) or". In Schedule 2, in paragraph 1(2) the words "and 35 to 38", in paragraph 2(1) the words "realisable or", in paragraph 2(2) the words "and 35 to 38", paragraph 2(5), in paragraph 3(2) the words "and 35 to 38", paragraphs 3(4) and (5), in paragraph 4(2) the words "and 35 to 38", paragraph 6(2)(a).
Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))	Parts II and III. In Article 2 in paragraph (2) from the definition of "charging order" to the definition of "external confiscation order" and from the definition of "modifications" to the definition of "restraint order" and paragraphs (3) to (10) and (12). Article 3. In Article 49, in paragraph (1) sub-paragraph (c) and the word "and" immediately preceding it, in paragraph (1A) sub-paragraph (c) and the word "and" immediately preceding it, paragraph (4) and in paragraph (5) the definitions of "customs officer" and "relevant property". In Article 52 in paragraph (2) sub-paragraph (b) and the word "and" immediately preceding it, and paragraph (3). In Article 54 paragraphs (1) to (10) and (13) and in paragraph (11) the words "An order under paragraph (1) and,". In Article 55, in paragraph (6) in the definition of "specified offence" in paragraph (a) the words "Part III or" and paragraph (c) and the word "or" immediately preceding it, and paragraph (7). Article 56(2) to (4). In Schedule 2-- (a) in paragraph 1(3) "3 or"; (b) paragraph 3; (c) in paragraphs 4(2), 5(1) and 6(1) "3". In Schedule 3, paragraphs 1 to 3 and 18.
Justices of the Peace Act 1997 (c. 25)	In Schedule 5, paragraphs 23 and 36.
Crime and Punishment (Scotland) Act 1997 (c. 48)	Section 15(3). In Schedule 1, paragraph 20.
Crime and Disorder Act 1998 (c. 37)	Section 83. In Schedule 8, paragraphs 115 and 116. In Schedule 8, paragraph 114. In Schedule 9, paragraph 8.
Access to Justice Act 1999 (c. 22)	In Schedule 2-- (a) in paragraph 2(2) the word "or" at the end of paragraph (c); (b) in paragraph 2(3) the word "or" at the end of paragraph (j). In Schedule 13, paragraphs 139 and 172.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)	In Schedule 9, paragraphs 105 to 113 and 163 to 173.
Terrorism Act 2000 (c. 11)	In Schedule 15, paragraphs 6, 10 and 11(2).
Criminal Justice and Police Act 2001 (c. 16)	In section 55(5) paragraph (a) and the word "and" after paragraph (b). In section 60(4) paragraph (a) and the word "or" after paragraph (b). In section 64(3) the word "and" after paragraph (a). In Schedule 1, paragraphs 47 and 105.
Financial Investigations (Northern Ireland) Order 2001 (S.I. 2001/1866 (N.I. 1))	Articles 3(2)(b) and 4(1)(a) and (c), (2), (3) and (5).
Land Registration Act 2002 (c. 9)	In Schedule 11, paragraphs 22 and 32.
This Act	Section 248(2)(a) and (4).

Amended by correction slip on 01 November 2005

Amended by correction slip on 12 March 2003

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