Page 639 - IOM Law Society Rules Book

c.13 Proceeds of Crime Act 2008 261

(6) An application for an order under subsection (4) may
be made by a customs officer or a constable.

(7) The High Bailiff may make the order if satisfied, in
relation to any cash to be further detained, that either of the
following conditions is met.

(8) The first condition is that there are reasonable grounds for
suspecting that the cash is recoverable property and that either —

(a) its continued detention is justified while its derivation
is further investigated or consideration is given to
bringing (in the Island or elsewhere) proceedings
against any person for an offence with which the cash
is connected; or

(b) proceedings against any person for an offence with
which the cash is connected have been started and have
not been concluded.

(9) The second condition is that there are reasonable
grounds for suspecting that the cash is intended to be used in
unlawful conduct and that either —

(a) its continued detention is justified while its intended
use is further investigated or consideration is given to
bringing (in the Island or elsewhere) proceedings
against any person for an offence with which the cash
is connected; or

(b) proceedings against any person for an offence with
which the cash is connected have been started and have
not been concluded.

(10) An application for an order under subsection (4) may
also be made in respect of any cash seized under section 46(2).

(11) The High Bailiff may make the order in respect of any
cash seized under section 46(2) if satisfied that —

(a) the condition in subsection (8) or (9) is met in respect
of part of the cash; and

(b) it is not reasonably practicable to detain only that part.

(12) An order under subsection (4) must provide for notice
to be given to persons affected by it.

48. (1) If cash is detained under section 47 for more than 48 Detained cash:
hours (calculated in accordance with section 47(3)), it is at the interest
P2002/29/296