Schedule 11, paragraph 39(4)

For paragraph 17(4) (further grounds for authorising delay in exercise of detained person’s rights) substitute— This sub-paragraph applies where an officer mentioned in paragraph 16(4) or (7) 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 paragraph 16(4)), or the exercise of the entitlement under paragraph 16(6) (in the case of an authorisation under paragraph 16(7)). For the purposes of sub-paragraph (4) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 3 of the Proceeds of Crime Act 2002.

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