Schedule 11, paragraph 39(2)

In paragraph 8 (authorisation of delay in exercise of detained person’s rights) for sub-paragraph (5) substitute— An officer may also give an authorisation under sub-paragraph (1) if he has reasonable grounds for believing that— the detained person has benefited from his criminal conduct, and the recovery of the value of the property constituting the benefit will be hindered by— informing the named person of the detained person’s detention (in the case of an authorisation under sub-paragraph (1)(a)), or the exercise of the right under paragraph 7 (in the case of an authorisation under sub-paragraph (1)(b)). For the purposes of sub-paragraph (5) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.

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Source: legislation.gov.uk · retrieved 2026-09-04