s.157Requirements where production order not available
157
Section 157Part 6Forfeiture of Cash and Property

Requirements where production order not available

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

Where there is no production order a court may for the rea sons stated in subsection
issue a search and seizure warrant if the conditions set out in section 150 are satisfied. ( 2 ) The reasons are —
that it is not practicable to communicate with any person against whom the production order could be made;
that it is not practicable to communicate with any person who would be required to comply with an o rder to grant entry to the premises; or
that the investigation might be seriously prejudiced unless an appropriate person is able to secure immediate access to the material.
In the case of a confiscation investigation, material falls within this subsection if it cannot be identified at the time of the application but it —
relates to the person specified in the application, the question whether that person has benefited from that person’s criminal conduct or any question as to the extent or whe reabouts of that person’s benefit from that person’s criminal conduct; and
is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.
In the case of a civil recovery investigation, material falls within this subsection if it cannot be identified at the time of the application but it —
relates to the property specified in the application or to —
the question whether it is recoverable property or associated prope rty;
the question as to who holds any such property;
any question as to whether the person who appears to hold any such property holds other property which is recoverable property; or
any question as to the extent or whereabouts of any prop erty mentioned in this paragraph; and
is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.
In the case of a money laundering investigation, material falls within this subsection if it cannot be identified at the time of the application but it —
relates to the person specified in the application or the question whether that person has committed a money laundering offence; and
is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.
For the purposes of this section an appropriate person is a constable or a customs office r or a person employed by the Financial Reporting Authority for the purpose of receiving reports under this Act .