BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Statutory Rules of Northern Ireland |
||
|
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Criminal Finances (2017 Act) (Commencement) Regulations (Northern Ireland) 2021 No. 167 (C. 5) URL: http://www.bailii.org/nie/legis/num_reg/2021/nisr_2021167_en_1.html |
||
[New search] [Help]
This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.
Statutory Rules of Northern Ireland
Criminal Law
Proceeds Of Crime
Made
17th June 2021
The Department of Justice, having consulted the Secretary of State in accordance with section 58(3) of the Criminal Finances Act 2017( 1), makes the following Regulations under section 58(3).
1. These Regulations may be cited as the Criminal Finances (2017 Act) (Commencement) Regulations (Northern Ireland) 2021.
2. The day appointed for the coming into operation of the following provisions of the Criminal Finances Act 2017 Act is 28th June 2021—
(a) section 27 (seized money: Northern Ireland);
(b) section 31(3) (accredited financial investigators);
(c) section 32(5) and (6) (reconsideration of discharged orders);
(d) section 34(4) (confiscation orders and civil recovery: minor amendments).
Sealed with the Official Seal of the Department of Justice on 17th June 2021
Naomi Long
Minister of Justice
(This note is not part of the Regulations)
These Regulations are the first and only commencement regulations to be made by the Department of Justice under the Criminal Finances Act 2017 (c.22)(“the 2017 Act”).
Regulation 2 brings into operation on 28th June 2021 sections 27, 31(3), 32(5) and (6) and 34(4) of the 2017 Act. Those sections amend Part 4 of the Proceeds of Crime Act 2002 (c.29)(“the 2002 Act”) regarding confiscation proceedings in Northern Ireland. In particular—
(a) Section 27 of the 2017 Act makes technical amendments to the confiscation procedure of the 2002 Act. It extends the scope of an existing power of the court to order that seized money be paid in settlement of an outstanding confiscation order to include money that has been seized by any law enforcement agency under a warrant or a statutory seizure power however it is held. Section 27 also provides a definition of “bank” following the repeal of the Banking Act 1987 (c.22)that previously provided the definition.
(b) Section 31(3) of the 2017 Act amends section 195G of the 2002 Act to include that appropriate approval for the use of relevant search and seizure powers by an accredited financial investigator who is a member of staff of the Police Service of Northern Ireland, means the approval of senior police officer, in the case where the approval of a lay magistrate is not practicable. A senior police officer means a police officer of at least the rank of inspector.
(c) Section 32(5) and (6) make technical amendments to the confiscation procedure of the 2002 Act to allow for the reconsideration of discharged confiscation orders.
(d) Section 34(4) amends section 230 of the 2002 Act to provide that free property includes cash which is detained pending the hearing of a forfeiture application.
