Page 819 - IOM Law Society Rules Book

c.13 Proceeds of Crime Act 2008 441

“(7) An officer may also authorise delay where the officer has SCH. 7
reasonable grounds for believing that —

(a) the person detained for the serious arrestable offence has
benefited from that person’s criminal conduct; and

(b) the recovery of the value of the property constituting the
benefit will be hindered by telling the named person of the
arrest.

(7A) For the purposes of subsection (7)(a) the question whether
a person has benefited from that person’s criminal conduct is to be
decided in accordance with Part 2 of the Proceeds of Crime Act 2008.”.

(3) In section 61 (access to legal advice), for subsection (10) substitute —

“(10) An officer may also authorise delay where the officer has
reasonable grounds for believing that —

(a) the person detained for the serious arrestable offence has
benefited from that person’s criminal conduct; and

(b) the recovery of the value of the property constituting the
benefit will be hindered by the exercise of the right conferred
by subsection (1).

(10A) For the purposes of subsection (10)(a) the question whether
a person has benefited from that person’s criminal conduct is to be
decided in accordance with Part 2 of the Proceeds of Crime Act 2008.”.

(4) In section 77 (application of Act to Customs and Excise) —

(a) in subsection (2)(b)(i) —
(i) for the word “section” on the first occasion it appears,
substitute “sections”;

(ii) omit the word “and” at the end;

(iii) insert at the end —

“Customs 17B. (1) An officer of Customs and Excise may make an application
and Excise for the delivery of, or access to, documents under paragraph 13 of
restriction Schedule 12 to the Value Added Tax Act 1996 only if the condition in
on powers
to apply for subsection (2) is satisfied.
production
of (2) The condition is that the officer thinks that an application
documents
under Schedule 1 would not succeed because the material required
[c. 1] does not consist of or include special procedure material.”;

(b) immediately following subsection (2)(b), insert —

“(c) that, where an officer of Customs and Excise searches
premises in reliance on a warrant under section 11 of, or
paragraph 12 of Schedule 1 to, this Act, as applied by an
order under this subsection, the officer shall have the power
to search persons found on the premises —