Statutory Instruments
2017 No. 1222
Proceeds Of Crime, England And Wales
The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984) (Amendment) Order 2017
Made
6th December 2017
Laid before Parliament
11th December 2017
Coming into force in accordance with article 1
The Secretary of State makes the following Order in exercise of the powers conferred by sections 355(2) and 459(2) of the Proceeds of Crime Act 2002( 1 ).
Citation, commencement and extent
1. —(1) This Order may be cited as the Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984) (Amendment) Order 2017.
(2) This Order comes into force on 16th April 2018 so far as it relates to amendments referring to detained property investigations.
(3) Otherwise, this Order comes into force on 31st January 2018.
(4) This Order extends to England and Wales only.
Amendment of the Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984) Order 2015
2. —(1) The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984) Order 2015( 2 ) is amended as follows.
(2) In article 2 (application of section 15 PACE), for “or a detained cash investigation” in each place where it occurs, substitute “, a detained cash investigation, a detained property investigation or a frozen funds investigation”.
(3) In article 3 (application of section 16 of PACE), for “or a detained cash investigation”, substitute “, a detained cash investigation, a detained property investigation or a frozen funds investigation”;
(4) In article 4 (application of section 21 of PACE)—
(a) in paragraph (1), for “or a detained cash investigation”, substitute “, a detained cash investigation, a detained property investigation or a frozen funds investigation”;
(b) in paragraph (2), for “or detained cash investigation” substitute “, detained cash investigation, detained property investigation or frozen funds investigation”;
(c) for paragraph (7)(c), substitute—
“ (c) in paragraph (c) after “proceedings” insert “(including proceedings related to the making of a confiscation order) or any proceedings under Chapter 2, 3, 3A or 3B of Part 5 of the Proceeds of Crime Act 2002”. ” .
(5) In article 5 (application of section 22 of PACE)—
(a) in paragraph (1), for “or a detained cash investigation”, substitute “, a detained cash investigation, a detained property investigation or a frozen funds investigation”;
(b) in paragraphs (2) and (3), for “or detained cash investigation” substitute “, detained cash investigation, detained property investigation or frozen funds investigation”;
(c) in paragraph (3)(d), in inserted sub-paragraph (iv), for “Chapter 3” substitute “Chapter 2, 3, 3A or 3B”.
Ben Wallace
Minister of State
Home Office
6th December 2017
2002 c. 29 ; relevant amendments made by section 66(6) of the Policing and Crime Act 2009 (c. 26) , by paragraph 49 of Schedule 5 to the Criminal Finances Act 2017 (c. 22) and S.I. 2010/976 .