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Coroners and Justice Act 2009

Coroners and Justice Act 2009 Sch 19 para 11

Sch 19 para 11

In section 353 (requirements where production order not available)— (a) after subsection (2)(c) insert— (d) in the case of an exploitation proceeds investigation, the person specified in the application for the warrant is within section 346(2A). (b) in subsection (5)(a), for “or (8)” substitute “ , (8) or (8A) ” , (c) after subsection (8) insert— (8A) In the case of an exploitation proceeds investigation, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the person specified in the application, the question whether exploitation proceeds have been obtained from a relevant offence in relation to that person, any question as to the extent or whereabouts of any benefit as a result of which exploitation proceeds are obtained or any question about the person's available amount, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. This subsection is to be construed in accordance with Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc).”, and (d) after subsection (10)(c) add— (d) a member of SOCA's staff, if the warrant is sought for the purposes of an exploitation proceeds investigation.

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