The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence (Northern Ireland) Order 1989) (Amendment) Order (Northern Ireland) 2022

Made: 1st March 2022

Coming into operation: 23rd March 2022

The Department of Justice makes the following Order in exercise of the powers conferred by sections 355(3A)[^f00001] and 459(3) and (7A) of the Proceeds of Crime Act 2002[^f00002] and now vested in it[^f00003].

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence (Northern Ireland) Order 1989) (Amendment) Order (Northern Ireland) 2022 and shall come into operation on 23rd March 2022.

• (2) In this order, “the 1989 Order” means the Police and Criminal Evidence (Northern Ireland) Order 1989[^f00004].

Amendment of the Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence (Northern Ireland) Order 1989) Order (Northern Ireland) 2016

2

• (1) The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence (Northern Ireland) Order 1989) Order (Northern Ireland) 2016 is amended as follows.

• (2) In Article 2 (application of Article 17 of the 1989 Order)—

• (a) omit paragraph (3)(c).

• (b) in paragraph (5), for “and supported by an information in writing”, substitute “supported by a complaint in writing and”.

• (c) omit paragraph (9)(a).

• (d) after paragraph (10), insert—

(11) In paragraph (8), omit the words “justice of the peace or”.

• (3) In Article 3 (application of Article 18 of the 1989 Order) for paragraph (6), substitute—

(6) In paragraph (11), after “its return”, insert the words “by the appropriate officer of the court”.

• (4) In Article 4 (application of Article 23 of the 1989 Order) in paragraph (2), for “this Act”, substitute “the making of this Order”.

• (5) After Article 6 insert the Schedule set out in the Schedule to this Order.

SCHEDULE — ARTICLES 17, 18, 23 AND 24 OF THE POLICE AND CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1989, AS MODIFIED

Signed

Sealed with the Official Seal of the Department of Justice on 1st March 2022

Naomi R Long — Minister of Justice

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence (Northern Ireland) Order 1989) Order (Northern Ireland) 2016 (“the 2016 Order”), as amended by the Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence (Northern Ireland) Order 1989) (Amendment) Order (Northern Ireland) 2021 (S.R. 2021 No. 155), applies, with modifications, certain provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 No. 1341 (N.I. 12)) (“the 1989 Order”) to search and seizure warrants obtained in Northern Ireland under section 352 of the Proceeds of Crime Act 2002 (c. 29) for the purposes of a confiscation investigation, a money laundering investigation, a detained cash investigation, a detained property investigation and a frozen funds investigation and to the powers of seizure under those warrants.

This Order amends the 2016 Order to correct six minor drafting errors relating to the modification of the 1989 Order.

This Order also adds a Schedule to the 2016 Order for ease of reference, setting out how the relevant Articles of the 1989 Order, as modified, should be read and applied when exercising powers under the Proceeds of Crime Act 2002. Within the Schedule a series of dots denotes the relevant provisions of the 1989 Order which do not apply when exercising powers under the Proceeds of Crime Act 2002.

An impact assessment has not been produced for this Order as no impact is foreseen on the private, voluntary or public sectors.

Footnotes

[^f00001]: Section 355 is amended by section 66(6) of the Policing and Crime Act 2009 (c. 26); subsection (3A) is inserted by Article 12 of, and paragraphs 47 and 66(1) and (3) of Schedule 14 to, the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976) (“the 2010 Order”).

[^f00002]: 2002 c.29.

[^f00003]: The section 459 powers of the Secretary of State are transferred to the Department of Justice by Article 12 of, and paragraphs 47 and 74(1), (2) and (7) of Schedule 14 to, the 2010 Order.

[^f00004]: S.I. 1989 No. 1341 (N.I. 12). Relevant amendments affecting Articles 17, 18, 23 and 24 of the 1989 Order have been made by the Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)).

[^f00005]: S.R. 2016 No. 33.

[^f00006]: S.I. 1990 No. 2588 (N.I. 17).

[^f00007]: S.I. 1996 No. 1299 (N.I. 9).